B89854 B8 Ruling Active

The tariff classification of cakes from Germany.

Issued October 2, 1997 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 1905.90.1050

Headings: 1905

Product description

Ingredients breakdowns and pictorial literature were submitted with your letter. The products are ready to eat cakes containing visible pieces of fruit, packed for retail sale in cardboard boxes. The Butter Christstollen, item no. 7070 (2 pounds), and item no. 7071 (3 pounds), and Diabetiker Fruchte Stollen, item no. 20137 (200 grams), and item no. 20136 (400 grams), are made from candied fruits, wheat flour, butter, eggs, fructose, almonds, yeast, alcohol, and natural flavorings. The Butter Christstollen contains sugar, and the Diabetiker Fruchte Stollen contains fructose.

CBP rationale

The applicable subheading for the cakes will be 1905.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares.

Full text

NY B89854 October 2, 1997 CLA-2-19:RR:NC:2:228 B89854 CATEGORY: Classification TARIFF NO.: 1905.90.1050 Gitte Mechlenburg P.O. Box 2296 Lenox, MA 01240 RE: The tariff classification of cakes from Germany. Dear Ms. Mechlenburg: In your letter dated September 12, 1997, on behalf of Confiserie Dreher, you requested a tariff classification ruling. Ingredients breakdowns and pictorial literature were submitted with your letter. The products are ready to eat cakes containing visible pieces of fruit, packed for retail sale in cardboard boxes. The Butter Christstollen, item no. 7070 (2 pounds), and item no. 7071 (3 pounds), and Diabetiker Fruchte Stollen, item no. 20137 (200 grams), and item no. 20136 (400 grams), are made from candied fruits, wheat flour, butter, eggs, fructose, almonds, yeast, alcohol, and natural flavorings. The Butter Christstollen contains sugar, and the Diabetiker Fruchte Stollen contains fructose. The applicable subheading for the cakes will be 1905.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares...other...bread, pastry, cakes, biscuits and similar baked products...whether or not containing chocolate, fruit, nuts or confectionery...other...pastries, cakes, and similar sweet baked products. 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 212-466-5760. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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