CLA-2-19:OT:RR:NC:N4:228
Ms. Marissa Ginenthal
Maribel International Freight Forwarders Inc.
211 Broadway, Suite 202
Lynbrook, NY 11563
RE: The tariff classification of unbaked frozen pizza from Germany
Dear Ms. Ginenthal:
In your letter dated January 10, 2016, on behalf of Freiberger USA Inc., NJ you requested a tariff classification ruling.
An ingredients breakdown, a photograph of the product, and a photocopy of the product packaging accompanied your letter. President’s Choice brand “Pepperoni Rising Crust Pizza” is a frozen, unbaked, round pizza with toppings added. The product is said to be composed of approximately 35 percent wheat flour, 22 percent water, 15 percent mozzarella cheese, 15 percent tomato puree, 6 percent pepperoni, 3 percent baking agent, 2 percent rapeseed oil, one percent yeast, and trace amounts of salt, dextrose, starch, sugar, and spices. The product is packed for retail sale in a vacuum sealed plastic pouch inside a cardboard box, 788 grams, net weight.
The applicable subheading for the unbaked frozen pizza 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 . . . not elsewhere specified or included . . . mixes and doughs for the preparation of bakers' wares of heading 1905 . . . other . . . 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 www.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