CLA-2-19:OT:RR:NC:N2:228
Mr. Doron Kotkowski
Sunbeam Products, Inc. dba Jarden Consumer Solutions
2381 Executive Center Drive
Boca Raton, FL 33431
RE: The tariff classification of bread mixes from Germany
Dear Mr. Kotkowski:
In your letter dated July 21, 2014, you requested a tariff classification.
Ingredient lists for six varieties of Easy Bread brand bread mixes were submitted with your inquiry. A PowerPoint presentation of your products, updated ingredient lists and additional information were provided by you and your supplier via e-mail transmissions dated August 4 and August 14, 2014. The bread mixes are complete, ready-to-use mixtures consisting of approximately 50 - 94 percent one or more kinds of flours. The products, packed in capsules (sealed containers) holding 350 grams, are used in a bread making machine where the capsule content is mixed with water, kneaded, and baked into a bread loaf.
“White Bread” consists of wheat flour, salt, dry yeast, dextrose, wheat protein, pregelatinized wheat flour, maltodextrin, fruit powder (acerola), rice flour, niacin, iron, vitamin B1, vitamin B2, and folic acid. “Sourdough Bread” contains wheat flour, wheat sour dough, salt, dry yeast, dextrose, wheat protein, maltodextrin, fruit powder (acerola), rice flour, niacin, iron, vitamin B1, vitamin B2, and folic acid. “4 Grain Bread” is composed of wheat flour, rye flour, wheat whole grain flour, spelt whole grain flour, oat flakes, sunflower seeds, flaxseed, dried rye sour dough, salt, dry yeast, barley malt flour, demerara, dextrose, wheat protein, pregelatinized wheat flour, maltodextrin, bread seasoning, fruit powder (acerola), rice flour, niacin, iron, vitamin B1, vitamin B2, and folic acid. “Whole Wheat Bread” contains wheat whole grain flour, rye whole grain flour, wheat flour, rye sour dough, salt, dry yeast, barley malt flour, oat flakes, cane sugar, dextrose, wheat protein, pregelatinized wheat flour, maltodextrin, mixed spices, fruit powder (acerola), rice flour, niacin, iron, vitamin B1, vitamin B2, and folic acid. “Italian Style Bread with Olive Oil” contains wheat flour, durum wheat semolina, salt, dry yeast, dextrose, extra virgin olive oil, wheat protein, pregelatinized wheat flour, maltodextrin, fruit powder (acerola), rice flour, niacin, iron, vitamin B1, vitamin B2, and folic acid. “Gluten Free Bread” contains rice flour, modified starch, modified cellulose, sugar, palm fat (hydrogenated), sodium chloride, vegetable fiber (psyllium husk), instant yeast, vitamin B1, vitamin B2, niacin, folic acid, and iron. All products contain less than 10 percent sugar derived from sugar cane or sugar beets by dry weight.
The applicable subheading for the products will be 1901.20.8000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included … mixes and doughs for the preparation of bakers’ wares of heading 1905 … other … other … other. The general rate of duty will be 8.5 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