CLA-2-19:OT:RR:NC:N2:228
Mr. Carlos Valadez
A & A Contract Customs Brokers, USA Inc.
12th Street #2
P.O. Box 4059
Blaine, WA 98231
RE: The tariff classification of crackers from Canada
Dear Mr. Valadez:
In your letter dated March 27, 2012, you requested a tariff classification ruling on behalf of your client 1414425 Alberta Ltd., dba Pure Indulgent Food Inc., Calgary, British Columbia, Canada.
Five product labels were submitted with your letter. The product “Flats” by the Pure brand in the flavors Fig Olive, Chili Mango, Apricot Pecan, Cashew Date, and Rosemary Cranberry are said to be the same products described in New York Ruling N196589. Instead of packaged in retail cardboard boxes, the instant products will be in bulk packaging of 6.6 pounds each.
Fig Olive contains whole wheat flour, flax seeds, honey, olives, figs, pumpkin seeds, sesame seeds, dry buttermilk, sugar, baking powder, baking soda and salt. Chili Mango is composed of whole wheat flour, mango, almonds, honey, flax seeds, pumpkin seeds, raisins, dry buttermilk, oats, sesame seeds, hazelnut, sugar, sunflower seeds, chili, baking powder, baking soda and salt.
Apricot Pecan consists of whole wheat flour, apricots, pecans, honey, flax seeds, pumpkin seeds, raisins, dry buttermilk, oats, sesame seeds, sugar, sunflower seeds, hazelnut, baking powder, baking soda, salt, anise and black pepper. Cashew Date contains whole wheat flour, honey, flax seeds, pumpkin seeds, cashews, dates, sesame seeds, raisins, dry buttermilk, oats, sugar, baking powder, baking soda and salt. Rosemary Cranberry is made from whole wheat flour, cranberries, almonds, honey, flax seeds, pumpkin seeds, dry buttermilk, raisins, sesame seeds, cashews, sugar, sunflower seeds, baking powder, baking soda, salt and rosemary.
The applicable subheading for the Fig Olive, Chili Mango, Apricot Pecan, Cashew Date, and Rosemary Cranberry flats will be 1905.90.1090, HTSUS, which provides bread, pastry, cakes, biscuits and other bakers’ wares . . . 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.
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 the 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division