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 stuffed pizza crusts from Austria
Dear Ms. Ginenthal:
In your letter dated September 24, 2019, you requested a tariff classification ruling, on behalf of your client, Freiberger USA Inc.
Samples, ingredient breakdowns, narrative descriptions of the manufacturing processes, and manufacturing flowcharts were provided with your inquiry. The samples were examined and discarded.
Stuffed pizza Crust with Cheese Blend filling in Rim is said to contain approximately 76 percent crust and 24 percent cheese blend filling. The crust is said to contain approximately 72 percent enriched wheat flour, 25 percent water, 1 percent dextrose, 1 percent rapeseed oil, and trace amounts of salt, yeast, and ascorbic acid. The cheese blend is said to contain approximately 61 percent pasteurized processed cheese product, 31 percent mozzarella cheese, 6 percent water, and 2 percent methyl cellulose.
Stuffed Pizza Crust with Mozzarella Cheese Filling in Rim is said to contain approximately 78 percent crust and 22 percent mozzarella cheese blend filling. The crust is said to contain approximately 72 percent enriched wheat flour, 25 percent water, 1 percent dextrose, 1 percent rapeseed oil, and trace amounts of salt, yeast and ascorbic acid. The mozzarella cheese blend filling is said to contain 92 percent mozzarella cheese, 6 percent water and 2 percent methyl cellulose.
The applicable subheading for the two products will be 1905.90.9090, 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 . . . other. 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,
Steven A. Mack
Director
National Commodity Specialist Division