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 frozen prebaked pizza from Germany
Dear Ms. Ginenthal:
In your letter dated April 24, 2015, you requested a tariff classification on behalf of Freiberger USA Inc., NJ.
An ingredients breakdown and image of the product label accompanied your letter. Stone Baked “Garlic Cheese Flatbread” (Sku #P4000016 and P4000056) is a frozen, prebaked, round pizza, said to be composed of a crisp crust topped with a garlic butter spread and sprinkled with mozzarella cheese, packed in a container weighing 10.2 oz. (290 g), net weight. The stated ingredients are approximately 57 percent crust (wheat flour, water, dextrose, yeast, canola oil, salt, malted wheat flour, sugar, amylase, and starter cultures), 21 percent garlic, butter and canola oil blend (butter, canola oil, garlic, salt, pepper, oregano, and parsley), 21 percent mozzarella cheese (milk, salt, cheese cultures, and microbial enzymes), and 2 percent canola oil.
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, whether or not containing cocoa ... 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