CLA-2-19:OT:RR:NC:N2:228
Ms. Vasilike Miksa
Stark Foods Inc.
200 Forest Drive
Greenvale, NY 11548
RE: The tariff classification of snack products from Germany
Dear Ms. Miksa:
In your letter dated October 2, 2012, you requested a tariff classification.
Samples and ingredients lists accompanied your inquiry. The samples were examined and disposed of. Kinder Hanuta is an individually-wrapped snack product consisting of two flat, square-shaped, waffle-patterned, baked wafers separated by a layer of a hazelnut cream filling, measuring approximately 2 1/8 inches long and wide, ½ inch thick, two units in a pouch holding 44 grams (1.54 ounces), net weight. Kinder Bueno is a rectangular-shaped wafer bar with a flat bottom and four arched tops, measuring approximately 4-3/8 inches long, 7/8 inch wide, 5/8 inch height, filled with hazelnut cream, completely covered by milk chocolate, wrapped in a clear plastic bag, two bags in a pouch containing 43 grams (1.5 ounces), net weight.
The applicable subheading for the two wafer products 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 … 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 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