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 prebaked pizza from Germany
Dear Ms. Ginenthal:
In your letter dated February 7, 2017 you requested a tariff classification ruling on prospective importations of prebaked pizza on behalf of Freiberger USA, Inc.
Ingredients breakdowns and images of packaging for three products were submitted with your letter. Bruschetta focaccia bread pizza is said to contain approximately 63 percent focaccia bread (wheat flour, water, canola oil, yeast, salt, and dextrose) covered with 17 percent crème fraiche sauce, 5 percent marinated semi-dried tomatoes, 5 percent pecorino romano cheese, 5 percent tomatoes, 5 percent onions, and 1 percent roasted garlic. Cuban style focaccia bread pizza is said to contain approximately 54 percent focaccia bread (wheat flour, water, canola oil, yeast, salt, and dextrose) covered with 17 percent crème fraiche sauce, 8 percent cooked bacon, 7 percent part-skim mozzarella cheese, 5 percent crispy bacon, 5 percent pickles, 3 percent emmentaler cheese, and trace amounts of parsley. Spinach and goat cheese focaccia bread pizza is said to contain approximately 67 percent focaccia bread (wheat flour, water, canola oil, yeast, salt, and dextrose) covered with 18 percent goat cheese sauce, 10 percent spinach, 5 percent pecorino romano cheese, and 1 percent roasted garlic.
The applicable subheading for the prebaked pizzas will be 1905.90.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares . . . other . . . other . . . pizza and quiche. The 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 https://hts.usitc.gov/current.
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