The tariff classification of chilled doughs from Austria

N248387 December 23, 2013 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.20.8000 Ms. Cornelia Roschmann Wewalka GmbH Nfg. KG Anton Gsellmann-Straße 4 Sollenau, 2601 Austria RE: The tariff classification of chilled doughs from Austria Dear Ms. Roschmann: In your letter dated November 29, 2013, you requested a tariff classification. Three data sheets and two images accompanied your inquiry. Chilled pizza dough and chilled puff pastry dough appear to be rolls of unbaked doughs, packed in sealed clear plastic pouches for retail sale, weighing 400 grams or 375 grams, net weight. Chilled pizza dough contains wheat flour, water, wheat gluten, wheat starch, palm oil, leavening (disodium diphosphate, sodium bicarbonate), salt, olive oil, mono and diglycerides, DATEM, lactose, nonfat dry milk (two percent or less), guar gum, canola lecithin, citric acid, calcium phosphate, sorbic acid, ascorbic acid (dough conditioner), and yeast. Chilled puff pastry dough is composed of wheat flour, water, palm and canola oil, ethyl alcohol, wheat starch, wheat gluten, sugar (two percent or less), salt, citric acid, sorbic acid, and ascorbic acid (dough conditioner). The applicable subheading for the chilled pizza dough and chilled puff pastry dough will be 1901.20.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included … mixes and doughs for the preparation of bakers’ wares of heading 1905 … other … other … other. The rate of duty will be 8.5 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on the pizza kit. Your request for a classification ruling should describe how the kit is packed, images of packaging and the content of the kit, and a cost breakdown of the kit. When this information is available, you may wish to consider resubmission of your request. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site ww.fda.gov/oc/bioterrorism/bioact.html. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division