The tariff classification of a snack food from Italy

NY L81357 December 8, 2004 CLA-2-19:RR:NC:2:228 L81357 CATEGORY: Classification TARIFF NO.: 1905.90.1090 Mr. Andres Rosen Market Abroad Inc. 3640 Yacht Club Drive Aventura, FL 33180 RE: The tariff classification of a snack food from Italy Dear Mr. Rosen: In your letter dated December 2, 2004 you requested a tariff classification ruling. A sample was submitted with earlier correspondence. Pic-Nic Break consists of bread sticks and a flavored confectionery cream, put up for retail sale in a tapered container with a peel-back lid holding 60 grams, net weight. A molded plastic internal compartment affixed to the top edge of the container holds the confectionery cream. The larger compartment holds twelve 4-inch long bread sticks. The bread sticks are composed of wheat flour, water, vegetable oil, yeast, salt, and malt extract. The confectionery cream is made from sugar, vegetable oil, hazelnuts, cocoa powder, skim milk powder, lactose, milk protein, lecithin, and flavor. The applicable subheading for this product will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa…other…bread, pastry, cakes, biscuits and similar baked products…whether or not containing chocolate, fruit, nuts or confectionery…other…other. The rate of duty will be free. 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