CLA-2-19:OT:RR:NC:N2:228
Ms. Jackie Barnes
Byron Bay Cookie Company
6 Brigantine Street
Byron Bay, NSW 2481 Australia
RE: The tariff classification of “ Sesame Crispbread” from Australia
Dear Ms. Barnes:
In your letters dated March10, 2009 and March 20, 2009, you requested a tariff classification ruling.
An ingredients breakdown, a description of the manufacturing process and a picture was submitted with your first letter. A sample accompanied your second letter. The samples were examined and disposed of. “Sesame Crispbread” are flat, thin, round wafers measuring 60 mm or 80 mm in diameter and approximately one millimeter thick. The wafers consist of approximately 85 percent flour, 2 percent salt, 7 percent cheese, and 6 percent sesame, and are made by combining the ingredients to make a batter, depositing the batter in units onto a heat plate and baking for one minute. The wafers are cooled, put into trays holding 150 g, net weight, and covered in clear plastic.
The applicable subheading for “Sesame Crispbread” will be 1905.32.0049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa…sweet biscuits; waffles and wafers…waffles and wafers…other…other. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division