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891093 89 Ruling Active

The tariff classification of pastries from Italy

Issued October 22, 1993 by U.S. Customs and Border Protection.

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89 891093 (October 22, 1993)

Tariff classification

HTS codes: 1905.90.1040

Headings: 1905

Product description

Five products are described in your letter, and illustrated in a product catalog you submitted under separate cover. Rollino Arancia, Rollino Banana, Rollino Ricotta, Rollino Limone, and Rollino Mandarino are dessert products composed of a thin, baked pastry, rolled into a tubular shape, filled with a sweet, flavored cream, topped with sugar, and frozen. These products are ready for consumption after removal from the freezer and sitting at room temperature for one hour. Once thawed, the Rollino products may be kept in a refrigerator for three days.

CBP rationale

The applicable subheading for the Rollino products will be 1905.90.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa.

Full text

NY 891093 October 22, 1993 CLA-2-19:S:N:N7:228 CATEGORY: Classification TARIFF NO.: 1905.90.1040 Mr. Marzio Costanzo Scavone Food Distributors P.O. Box 2335 Newburgh, NY 12550 RE: The tariff classification of pastries from Italy Dear Mr. Costanzo: In your undated letter, received by this office on October 5, 1993, you requested a tariff classification ruling. Five products are described in your letter, and illustrated in a product catalog you submitted under separate cover. Rollino Arancia, Rollino Banana, Rollino Ricotta, Rollino Limone, and Rollino Mandarino are dessert products composed of a thin, baked pastry, rolled into a tubular shape, filled with a sweet, flavored cream, topped with sugar, and frozen. These products are ready for consumption after removal from the freezer and sitting at room temperature for one hour. Once thawed, the Rollino products may be kept in a refrigerator for three days. The applicable subheading for the Rollino products will be 1905.90.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa...other...bread, pastry, cakes, biscuits and similar baked products...frozen. The rate of duty will be free. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport

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