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NY D85404

December 9, 1998

CLA-2-19:RR:NC:2:228 D85404


TARIFF NO.: 1901.90.9095

Mr. Todd Masters
Albert Uster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877

RE: The tariff classification of bread pre-mixes from Switzerland

Dear Mr. Masters:

In your letter dated November 20, 1998, which was received by this office on November 30, 1998, you requested a tariff classification ruling.

Four samples and descriptive literature accompanied your letter. An ingredients breakdown was submitted by the manufacturer, under separate cover. The samples were examined and disposed of. The products are pre-mixes for specialty breads, in the form of a powder containing whole or broken pieces of grains or seeds, imported in 25-kilogram bags. The stated ingredients in "Premix Pumpkin Seed Bread 50%" are rye flour, pumpkin seeds, rye-whole grained flakes, soya shred, corn flour, wheat-roast malt, sunflower seeds, linseed, fermented skimmed milk powder, salt, fermented rye, barley and wheat flour, sesame, spices, food acid, flour improver, and enzymes. "Premix Spelt-Malt Bread 50%" consists of roast-malt, soya shred, spelt-whole meal flakes, wheat-malt flakes, wheat gluten, spelt-whole meal flour, linseed, wheat flour, potato powder, salt, sunflower grains, sesame, fermented skimmed milk powder, rye-malt powder, fermented rye, wheat and barley flour, food acid, flour improver, and enzymes. "Premix Pistachio Bread 50%" is made from rye flour, pistachio seeds, rye flakes, peanut seeds, sunflower seeds, fermented rye, wheat and barley flour, fermented skimmed milk powder, starch, wheat gluten, salt, wheat-roast malt, spices, food acid, flour improver, and enzymes. "Premix Spice Bread 50%" contains rye flour, wheat-shred, sunflower seeds, soya shred, potato powder, malt flakes, salt, fermented skimmed milk powder, wheat flour, fermented rye, wheat and barley flour, spice, wheat gluten roast-malt, food acid, ascorbic acid, and enzymes. The products are not complete bread mixes. The user must add additional flour, water and yeast prior to mixing and baking.

The applicable subheading for these four bread pre-mixes will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract, not containing cocoa...other...other... other. The rate of duty will be 7.6 percent ad valorem. Effective January 1, 1999, the rate of duty will be 7 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.


Robert B. Swierupski

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