The tariff classification of wafers from Australia.Dear Ms. Friedlander:

NY R03019 December 30, 2005 CLA-2-19:RR:NC:2:228 R03019 CATEGORY: Classification TARIFF NO.: 1905.32.0049 Ms. Rebecca A. Friedlander Rutherford & Meyer 11B Gaya Grove Ngaio Wellington 6004 New Zealand RE: The tariff classification of wafers from Australia. Dear Ms. Friedlander: In your letter dated December 22, 2005, you requested a tariff classification ruling. Lists of ingredients, a description of the manufacturing process, a copy of the packaging, and a picture were submitted with your request. Roman Wafers (natural, Pecorino Romano, and fennel) are large, round, baked wafers put up in 100-gram plastic-sealed trays, in a cardboard box, twelve boxes per carton. Each of the wafers consists of wheat flour, cheese, vegetable oil, and salt. The fennel Roman Wafers also contain fennel seed. Information on the package describes the Roman Wafers as an accompaniment to dips, antipasto, cheese, and fruit pastes. The applicable subheading for the Roman Wafers, (natural, Pecorino Romano, and fennel) will be 1905.32.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa…waffles and wafers…other…other. The rate of duty will be free. 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 telephone number (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