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NY B82326

March 6, 1997

CLA-2-16:RR:NC:2:228 B82326


TARIFF NO.: 1601.00.2090; 2106.90.9995

Mr. Ron Solovitz
Not A Bad Idea Inc.
1528 Walnut Street
Philadelphia, PA 19102

RE: The tariff classification of omelets from Belgium

Dear Mr. Solovitz:

In your letters dated January 30, 1997 and February 23, 1997 you requested a tariff classification ruling.

The products are frozen, pasteurized egg omelets, individually packed in polystyrene trays containing 1.8 ounces, for sale to retail, restaurant, and food service purchasers. Seven varieties of "Yumlete" omelets are described in your letter - sausage, Mexican, pizza, plain, oriental, Irish potato, and bacon. All contain fresh pasteurized eggs (58-62 percent), vegetable oil, corn starch, low fat milk powder (less than one percent), herbs, and caragene (sic). Additional ingredients vary according to the omelet variety. The sausage omelet contains pork or pork and beef sausages (24 percent) and mustard, Mexican contains chicken (12 percent), pineapple, and red peppers, pizza contains tomatoes, feta cheese, and black olives, Oriental contains chicken (12 percent) and soya, Irish potato contains potatoes and cream (9 percent), and the bacon omelet contains 19 percent bacon.

The applicable subheading for Yumlete sausage frozen omelet will be 1601.00.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for sausages and similar products, of meat...food preparations based on these products...pork... other. The rate of duty will be 1.1 cents per kilogram.

The applicable subheading for all other Yumlete omelets will be 2106.90.9500, HTS, which provides for food preparations not elsewhere specified or included...other...other...frozen. The rate of duty will be 8.2 percent ad valorem.

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 Stanley Hopard at 212-466-5760.


Gwenn Klein Kirschner
Chief, Special Products Branch

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