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August 6, 1999

CLA-2-19:RR:NC:2:228 E85341

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Ms. Ann Adell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of pastry shells from Holland.

Dear Ms. Adell:

In your letter dated July 23, 1999, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. The product, Patisserie Van Rooy brand Mini-Pasteten, Mini-Vol-Au-Vents, Petites Bouchees, are puff pastry shells measuring approximately 1-1/4 inches in diameter and 1 inch tall. They are made from wheat flour, vegetable shortening, salt, egg, and milk, and are packed in boxes containing 50 grams, net weight, 12 cups to a sealed plastic tray. The cups are heated in the oven before they are filled with meat, salad, fish, shrimp, pate, jelly, etc.

The applicable subheading for the pastry shells will be 1905.90.1090, HTS, which provides for bread, pastry, cakes, biscuits and other bakers¬í wares, whether or not containing cocoa¬other¬bread, pastry, cakes, biscuits and similar baked products¬other¬other. 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.

Sincerely,

Robert B. Swierupski
Director,

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