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NY 890267

October 13, 1993



TARIFF NO.: 2106.90.6599

Ms. Mickey Adenis, Import Manager
Bongrain Cheese U.S.A.
400 S. Custer Avenue
New Holland, PA 17557

RE: The tariff classification of Petite Souffl‚ from France.

Dear Ms. Adenis:

In your letter dated August 31, 1993, you requested a tariff classification ruling.

The product in question, Petite Souffl‚, is a plain cheese-flavored souffl‚ made by mixing the souffl‚ ingredients, pouring the mix into cups, cooking and, then, overwrapping and refrigerating the cooked souffl‚s. The product consists, by weight, of cheese (62 percent), water (21.1 percent), egg yolk (8.4 percent) and other ingredients (8.5 percent), including less than 5 percent of starch, egg whites and milk protein and less than one percent of flavorings, seasonings, gum and vegetable oil. These souffl‚s will be prepared in microwavable aluminum cups of 3.5 ounces (about 98 grams) each, net, individually wrapped under vacuum in a plastic pouch. These cups will be packaged in folding boxes 7.5 inches by 5.5 inches by 1.5 inches.

The applicable subheading for these Petite Souffl‚s will be 2106.90.6599, Harmonized Tariff Schedule of the United States (HTS), which provides for Food preparations not elsewhere specified or included:...Other:...Other:...Other:...Other:...Other: ...Other:...Other:...Other:...Other. The rate of duty will be 10 percent ad valorem.

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.


Jean F. Maguire
Area Director

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