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April 1, 1999

CLA-2-19:RR:NC:2:228 D89119


TARIFF NO.: 1905.90.1070

Mr. David G. Brown
Byblos Bakery Ltd.
2479-23rd Street N.E.
Calgary, Canada AB T2E 8J8

RE: The tariff classification of pita bread and bagels from Canada.

Dear Mr. Brown:

In your letter dated March 3, 1999, you requested a tariff classification ruling.

Samples submitted with your letter were examined and disposed of. White and whole wheat pita bread, measuring 3 inches and 7 inches in diameter, is made from unbleached white flour or whole wheat flour, water, salt, and yeast. The pita bread is put up in plastic bags containing 6, 12, and 18 to a package. Byblos brand Cinnamon Raisin, Blueberry, Egg, Whole Wheat, All-grain, New York, Sesame, and Poppysead bagels are made from flour, water, shortening/vegetable oil, salt, and yeast. Depending upon variety, the bagels also contain cinnamon, calcium propionate, baking powder, blueberry bits, blueberry pieces, eggs, whole wheat flour, sesame seed, sunflower seed, cracked wheat, rye meal, rolled oats, oat bran, barley flakes, wheat germ, whole flax, ground flax, sugar, and poppyseeds. The bagels are put up in plastic bags containing 6 bagels.

The applicable subheading for the pita bread and bagels will be 1905.90.1070, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakersÂ’ wares... other...bread, pastry, cakes, biscuits and similar baked products, and puddings, whether or not containing chocolate, fruit, nuts or confectionery...other... bread. The rate of duty will be free.

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 212-637-7065.


Robert B. Swierupski

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