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NY 863649


June 14, 1991

CLA-2-19:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1040

Ms. Tracey A. Ellman
C.J. Tower, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of flatbread from Canada

Dear Ms. Ellman:

In your letter dated May 17, 1991, on behalf of Dough Delight Ltd., Toronto, Canada, you requested a tariff classification ruling.

The merchandise is described as "Platina" and "Splendido" brand Italian-style flatbread, a round (12 inch diameter), leavened, fully baked, disk-shaped bread, weighing 14 or 15 ounces, frozen, and packed for retail sale. The product is ready for consumption after thawing. The flatbread is produced in five varieties - plain, cheese, tarragon, rosemary, and whole wheat - all composed of enriched flour, water, olive oil, salt, sugar, and sodium propionate. The cheese variety is topped with a blend of mozzarella and romano cheeses, and the herb varieties with either rosemary or tarragon, prior to baking.

The applicable subheading for the flatbreads will be 1905.90.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for bread...frozen. The duty rate 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

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