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January 28, 1999

CLA-2-21:RR:NC:2:228 D86617


TARIFF NO.: 2106.90.6400, 2106.90.6600

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

RE: The tariff classification of bakery additives from Switzerland.

Dear Mr. Masters:

In your letter dated January 5, 1999, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Prontopan Butter consists of 33.4 percent melted butter, 33.3 percent skimmed milk powder, 8.6 percent dextrose, 8.2 percent salt, 7.2 percent wheat gluten, 4.2 percent wheat starches, 3.6 percent emulsifiers, 1.3 percent enzymes and 0.1 percent each of ascorbic acid and antioxidants. Prontopan consists of 33.4 percent each of skimmed milk powder and “edible fat”, 8.4 percent each of salt and dextrose, 7.4 percent wheat gluten, 5.6 percent cereal flour, 2.7 percent emulsifiers, and less than one percent each of ascorbic acid, enzymes, and antioxidants. When mixed with water, flour, and yeast, the additives create a dough for the production of breads or rolls with enhanced flavor, improved texture and extend freshness. The products are imported in 10kg or 25kg bags.

The applicable subheading for the Prontopan Butter and the Prontopan, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States, which provides for food preparations not elsewhere specified or included... other...containing over 10 percent by weight of milk solids... other, dairy products described in additional U.S. note 1 to chapter 4...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the products will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 72.5 cents per kilogram plus 8.8 percent ad valorem. In addition, products classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.05.01, HTS.

Your inquiry does not provide enough information for us to give a classification ruling on the Prontopan Rustico. Your request for a classification ruling should include the following information on the lactose contained in the Prontopan Rustico: How has the lactose been derived? What is its purity?

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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