CLA-2-19:OT:RR:NC:N2:228
Mr. Bruno Romano
Maribel International Freight Forwarders, Inc.
211 Broadway - Suite 202
Lynbrook, NY 11563
RE: The tariff classification of prebaked pizza from Germany
Dear Mr. Romano:
In your letter, received on June 19, 2014, you requested a tariff classification on prospective importations of prebaked pizza on behalf of Freiberger USA, Inc.
Ingredients breakdowns and images of packaging for two products were submitted with your previous letter. In your present letter, you provided more precise ingredient breakdowns and clearer images of the product packaging, and that of the products themselves for the previously requested two products along with a third product. All Natural Stonebaked Garlic Cheese Flatbread (model # P4000016 / P4000056 / P4000041), All Natural Bruschetta Flatbread (model # P4000040 / P4000039 / P4000038), and Bistro Style Mushroom Flatbread (model # P4000062 / P4000061 / P4000060) are frozen, prebaked pizza in round or rectangular shape, composed of a flatter base (crust) in comparison to a classical pizza, topped with various ingredients, such as cheese, sauce, and vegetables. The Garlic Cheese Flatbread contains approximately 57 percent pizza crust (wheat flour, water, dextrose, yeast, canola oil, salt, malted wheat flour, sugar, amylase, and starter cultures) topped with 21 percent garlic butter and canola oil blend, 21 percent mozzarella cheese, and 2 percent canola oil. The Bruschetta Flatbread contains approximately 30 percent crust (wheat flour, water, dextrose, yeast, canola oil, salt, malted wheat flour, and sugar) covered with 22 percent crème fraîche sauce, 13 percent tomatoes, 11 percent sautéed onions, 9 percent marinated semi-dried tomatoes, 9 percent mozzarella cheese, 7 percent garlic spread, and 1 percent canola oil. The Mushroom Flatbread contains approximately 34 percent crust (wheat flour, water, yeast, dextrose, canola oil, and salt) topped with 24 percent crème fraîche sauce, 15 percent mozzarella cheese, 15 percent mushroom mix, 12 percent mushroom sauce, 1 percent canola oil, and trace amounts of parsley.
The applicable subheading for the three products will be 1905.90.9060, Harmonized Tariff Schedule of the United States, HTSUS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares … other … other … pizza and quiche. The general rate of duty will be 4.5 percent ad valorem.
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 ww.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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division