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NY 870680


February 14, 1992

CLA-2-16:S:N:N229:870680

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.39.0040; 1602.50.9040

Dr. Umberto Caldara, Managing Director
Lioprodotti S.P.A.
Via Laurentina Km. 27
00040 Pomezia
Rome, Italy

RE: The tariff classification of "Baby-lyo" brand FREEZE-DRIED BABY FOODS from Italy.

Dear Dr. Caldara:

In your letter dated January 13, 1992, you requested a tariff classification ruling.

The product in question is described as "Baby-Lyo" brand de- fatted, homogenized and freeze-dried baby food supplement. "Baby-lyo" is produced in four flavors,--namely, in veal, chicken, veal/chicken, and beef flavors. The composition of the product is standard, with the named meat constituting 70 percent of the weight of the product and the balance of ingredients consist- ing, primarily, of carrots, with small quantities of potatoes, tapioca and rice.

"BAby-Lyo" packaged in retail paperboard boxes, each containing 3 sealed foil envelopes of 10 grams each, net weight. The label on the foil envelope states that "Baby-lyo homogenized freeze-dried baby foods are suitable in the diet of infants from the 3-4 month onwards, as a protein supplement in creamed foods and soups and in the preparation of instant meals." The type of meat contained in a given product is indicated on the paperboard box.

The applicable subheading for "Baby-lyo" brand CHICKEN flavor will be 1602.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other prepared or preserved meat, meat offal or blood:L...Of poultry of heading 0105:...Other...Other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for "Baby-lyo" brand BEEF flavor and VEAL flavor will be 1602.50.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other prepared or preserved meat, meat offal or blood:...Of bovine animals:...Other:...Other...Other. The rate of duty will be 10 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on "Baby-lyo" brand VEAL/CHICKEN flavor. Your request for a classification ruling should include the relative weights of the veal and chicken meat in the finished product.

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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