CLA-2-19:S:N:N7:228 811663

Mr. H. Schwiebert
Diamalt Backmittel Vertriebsgesellschaft mbH
P.O. Box 20 80
89210 Neu-Ulm, Germany

RE: The tariff classification of a flour mix from Germany

Dear Mr. Schwiebert:

In your letter dated June 6, 1995 you requested a tariff classification ruling.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Echtes Roggenbrochten is a gray-colored powder, said to be composed of 70 percent partially malted rye flour, 11 percent dried sour dough of rye meal, 10.2 percent dried wheat gluten, 2.95 percent hardened vegetable fat, 2.25 percent salt, .5 percent sugar, .4 percent malt extract, .28 percent soybean flour, and unstated quantities of emulsifier, guar gum, ascorbic acid, and amylaceous enzymes. The mix, packed in 25-kilogram bags, will be used to prepare rye bread rolls, after the addition of water and yeast.

The applicable subheading for this product will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract, not containing cocoa powder...not elsewhere specified or included...other...other...other. The rate of duty will be 9.4 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,


Jean F. Maguire
Area Director
New York Seaport