CLA-2-16:S:N:N229:870680
Dr. Umberto Caldara, Managing Director
Lioprodotti S.P.A.
Via Laurentina Km. 27
00040 Pomezia
Rome, Italy
RE: The tariff classification of "Baby-lyo" brand FREEZE-DRIED
BABY FOODS from Italy.
Dear Dr. Caldara:
In your letter dated January 13, 1992, you requested a
tariff classification ruling.
The product in question is described as "Baby-Lyo" brand de-
fatted, homogenized and freeze-dried baby food supplement.
"Baby-lyo" is produced in four flavors,--namely, in veal,
chicken, veal/chicken, and beef flavors. The composition of the
product is standard, with the named meat constituting 70 percent
of the weight of the product and the balance of ingredients
consist- ing, primarily, of carrots, with small quantities of
potatoes, tapioca and rice.
"BAby-Lyo" packaged in retail paperboard boxes, each
containing 3 sealed foil envelopes of 10 grams each, net weight.
The label on the foil envelope states that "Baby-lyo homogenized
freeze-dried baby foods are suitable in the diet of infants from
the 3-4 month onwards, as a protein supplement in creamed foods
and soups and in the preparation of instant meals." The type of
meat contained in a given product is indicated on the paperboard
box.
The applicable subheading for "Baby-lyo" brand CHICKEN
flavor will be 1602.39.0040, Harmonized Tariff Schedule of the
United States (HTS), which provides for Other prepared or
preserved meat, meat offal or blood:L...Of poultry of heading
0105:...Other...Other. The rate of duty will be 10 percent ad
valorem.
The applicable subheading for "Baby-lyo" brand BEEF flavor
and VEAL flavor will be 1602.50.9040, Harmonized Tariff Schedule
of the United States (HTS), which provides for Other prepared or
preserved meat, meat offal or blood:...Of bovine
animals:...Other:...Other...Other. The rate of duty will be 10
percent ad valorem.
Your inquiry does not provide enough information for us to
give a classification ruling on "Baby-lyo" brand VEAL/CHICKEN
flavor. Your request for a classification ruling should include
the relative weights of the veal and chicken meat in the finished
product.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport