CLA-2-19:RR:NC:2:228 J89472

Ms. Alessandra Grasso
Forni & Fattorie USA, LLC
1275 Valley Brook Avenue
Lyndhurst, NJ 07071

RE: The tariff classification of focaccia from Italy

Dear Ms. Grasso:

In your letter dated September 30, 2003 you requested a tariff classification ruling.

Descriptive literature accompanied your letter. Primoforno brand focaccia consists of a fully-baked, circular or rectangular-shaped flat bread base topped with vegetables. The focaccia will be imported frozen, packed in plastic film bags containing from 110 to 500 grams, net weight.

The applicable subheading for the focaccia will be 1905.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares…other…other…other. The rate of duty will be 4.5 percent ad valorem.

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