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

Ms. Silvia Gerihaeuser
Vice President
P. G. Constrade, Inc.
251 Hardy Road
Timber River, New Brunswick
Canada E4M 2L1

RE: The tariff classification of frozen pre-baked bread from Austria

Dear Ms. Gerihaeuser:

In your letter dated December 5, 2011 you requested a tariff classification ruling.

You provided a product information sheet. Article #3723, rye bread without yeast, is frozen, pre-baked bread containing natural sour dough (rye flour, water, basic ferment), rye flour, wheat flour, water, salt, pre-gelatinized rye flour, bread spices, wheat protein, maize flour, sour whey powder and vegetable oil; may contain traces of soya and sesame; net weight 1050 gr. (2.31 lb.), packaged 12 pieces per box.

The applicable subheading for article #3723 will be 1905.90.1049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa . . . other . . . bread, pastry, cakes, biscuits and similar baked products . . . frozen . . . 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 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 website 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,

Robert B. Swierupski
Director
National Commodity Specialist Division