CLA-2-19:OT:RR:NC:N2:228
Ms. Marissa Ginenthal
Maribel International Freight Forwarders, Inc.
211 Broadway, Suite 202
Lynbrook, NY 11563
RE: The tariff classification of prebaked pizza from Germany
Dear Ms. Ginenthal:
In your letter dated February 9, 2015 you requested a tariff classification ruling on prospective importations of prebaked pizza on behalf of Freiberger USA, Inc.
Ingredients breakdowns and images of four products were submitted with your letter. Flatbread with cream sauce is said to contain approximately 51 percent wheat flour, 26 percent crème fraiche, 18 percent water, 3 percent rapeseed oil, and less than 1 percent each dextrose, starch, salt and yeast. Eleven inch thin base crust with tomato sauce is said to contain approximately 54 percent wheat flour, 22 percent tomato puree, 10 percent water, 9 percent rapeseed oil, 1 percent salt, and less than 1 percent each yeast, dextrose, sugar, spices and starch, and trace amounts of garlic, and smoked paprika powder. Eleven inch pizzeria crust with oil is said to contain approximately 73 percent wheat flour, 16 percent water 9 percent rapeseed oil, 1 percent yeast, and less than 1 percent each salt, sugar and dextrose. Eleven inch square crust with tomato sauce is said to contain approximately 50 percent wheat flour, 27 percent tomato sauce, 17 percent water, 2 percent rapeseed oil, 1 percent salt, and less than one percent each dextrose, yeast, sugar, spices, starch and garlic. The products are frozen, prebaked pizza in round or rectangular shapes composed of a flatter base (crust) in comparison to classical pizza.
The applicable subheading for the four 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