The tariff classification of baked breads from Italy

N244216 August 7, 2013 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1905.90.1070 Ms. Lea Ford John S Connor Inc. 799 Cromwell Park Drive Glen Burnie, MD 21060 RE: The tariff classification of baked breads from Italy Dear Ms. Ford: In your letter dated July 19, 2013, you requested a tariff classification on behalf of Lipari Foods Inc., Warren, Michigan. Product information and a manufacturing flow chart were submitted with your letter. Additional information was provided via an email transmission dated July 30, 2013. Five baked bread products were identified in your letter. “Double Chocolate Tear & Share” and “Vanilla Tear & Share” are rectangular brioches with a chocolate or vanilla flavored filling baked in an aluminum tray, wrapped in a clear plastic film, sealed with a metal clip, weighing 400 grams each. “Raisin Brioche Twist” and “Chocolate Chip Brioche Twist” are brioches in twist form containing raisins or chocolate chips along twisted edges, individually wrapped in a plastic film, weighing 100 grams each. Eight twist brioches are packed in an acetate tray, and wrapped in a plastic bag. “Chocolate Chip Brioche” is a bun-shaped bread filled with chocolate chips, individually wrapped in a plastic film, 12 brioches packed in an acetate tray, wrapped in a plastic bag heat sealed. The applicable subheading for the five products will be 1905.90.1070, Harmonized Tariff Schedule of the United States (HTSUS), 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, and puddings, whether or not containing chocolate … other … bread. The rate of duty will be free. 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 the 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division