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 March 26, 2015 you requested a tariff classification ruling on behalf of Freiberger USA Inc., New Jersey.
You provided a list of ingredients, and a product label for Bistro Style Bruschetta Flatbread (SKU numbers: P4000040, P4000039, and P4000038). Additional information was provided via an eMail message dated April 3, 2015. The Bruschetta Flatbread is a pizza consisting of a crust topped with crème fraîche sauce, tomatoes, onions, cheese and garlic spread. The product is prebaked, frozen, and packed for retail sale in a container weighing 16.4 oz. (465g), net weight.
The stated ingredients are approximately 30 percent crust (wheat flour, water, dextrose, yeast, canola oil, salt, malted wheat flour, and sugar), 22 percent crème fraîche sauce [crème fraîche (cultured pasteurized cream, cheese cultures), water, wheat flour, canola oil, pea starch, salt, potato starch, and white pepper], 13 percent tomatoes, 11 percent sautéed onions (onions, and sunflower oil), 9 percent marinated semi-dried tomatoes (semi-dried tomatoes, sunflower oil, salt, spices, and garlic), 9 percent low moisture part-skim mozzarella cheese (pasteurized part-skim milk, salt, cheese cultures, and enzymes), 7 percent garlic spread (butter, canola oil, garlic, water, pea starch, salt, and spices), and 1 percent canola oil. The product is sold to supermarket chains under their own private brand labels.
The applicable subheading for the product 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