The tariff classification of a gelato torte (frozen dessert) from Italy.

N255201 July 30, 2014 CLA-2-21:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2105.00.3000; 2105.00.4000 Mr. Filippo Callipo Callipo Gelateria S.r.l. Via Riviera Prangi 156 Pizzo 89812 Italy RE: The tariff classification of a gelato torte (frozen dessert) from Italy. Dear Mr. Callipo: In your letter dated July 11, 2014 you requested a tariff classification ruling. The item in question is identified as “Le Torte – Yogurt ai Frutti di Bosco.” It is an 850-gram frozen dessert product (resembling an “ice cream cake”) consisting of a maraschino-liqueur-soaked bottom layer of sponge cake (18%), a middle layer of yogurt-flavored gelato (47%), and a top layer of cream-with-fruits-of-the-forest semifreddo gelato (31%) decorated with candied fruits (4%). The yogurt-flavored gelato layer contains rehydrated skim milk, whole milk, sugar, cream, butter, skim milk powder, glucose syrup, dextrose, lactose and milk proteins, emulsifiers, stabilizers and flavorings. The cream-with-fruits-of-the-forest semifreddo gelato layer contains whole milk, rehydrated skim milk, sugar, cream, fruit puree, glucose-fructose syrup, skim milk powder, butter, coconut vegetable oil, emulsifiers, stabilizers and flavorings. The liqueur/cake bottom layer contains maraschino liqueur (water, sugar, ethyl alcohol, Marasca cherry distillate, dextrose, flavorings), eggs, wheat flour, sugar, glucose-fructose syrup, potato starch, emulsifiers, leavening agents and flavorings. The decorative candied fruits-of-the-forest topping contains redcurrants, blackcurrants, strawberries, blackberries, blueberries, glucose-fructose syrup, sugar, citric acid and potassium sorbate. It is understood that the product will be imported in a frozen state for storage, sale and consumption in that condition. The applicable subheading for “Le Torte – Yogurt ai Frutti di Bosco,” if entered while the tariff-rate quota remains open, will be 2105.00.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ice cream and other edible ice, whether or not containing cocoa: 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 20% ad valorem. The applicable subheading for “Le Torte – Yogurt ai Frutti di Bosco,” if entered after the tariff-rate quota has closed, will be 2105.00.4000, HTSUS, which provides for ice cream and other edible ice, whether or not containing cocoa: other: dairy products described in additional U.S. Note 1 to chapter 4: other. The rate of duty will be 50.2 cents per kilogram plus 17% ad valorem. Products classified in subheading 2105.00.4000, HTSUS, are also subject to additional safeguard duties based on their value, as described in subheadings 9904.04.67—9904.04.74. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 www.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 Nathan Rosenstein at the email address nathan.rosenstein@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division