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NY 815053




October 6, 1995

CLA-2-19:R:N2:228 815053

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.20.6500; 1901.20.7000

Mr. Peter Enke
Oetker Ltd.
2229 Drew Road
Mississauga, Ontario L5S 1E5 Canada

RE: The tariff classification of a cake mix kit from Canada

Dear Mr. Enke:

In your letter dated September 13, 1995 you requested a tariff classification ruling.

An ingredients breakdown and sample of the container in which the product will be sold, accompanied your letter. Oetker Fruit Flan Cake Mix consists of separate packets of crust mix, filling mix, and glaze mix, packed together in a printed cardboard box, for retail sale. The crust mix is composed of 68 percent wheat flour, 30 percent sugar, 2 percent baking powder, and less than one percent salt. The filling mix contains 33 percent dextrose, 22 percent fructose, 15 percent modified potato starch, 12 percent modified corn and tapioca starch, 10 percent sugar, 3 percent tetrasodium pyrophosphate, one percent dried cream extract, one percent calcium alginate, one percent, mono and diglycerides, and less than one percent each of disodium phosphate, salt, flavor, and color. The glaze mix is made from 59 percent tapioca starch, 16 percent dextrose, 15 percent carrageenan, 6 percent cream of tartar, and 4 percent locust bean gum. The crust mix requires the addition of butter and eggs prior to baking. The filling must be mixed with milk, and the glaze requires sugar and water or fruit juice.

The applicable subheading for the flan cake mix kit, if imported in quantities that fall within the limits described in additional U.S. note 3 to chapter 19, will be 1901.20.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract..., mixes and doughs for the preparation of bakers' wares of heading 1905...other...mixes and doughs described in additional U.S. note 1 to chapter 19...described in additional U.S. note 3 to this chapter and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 3 to chapter 19 have been reached, the product will be classified in subheading 1901.20.7000, HTS, and dutiable at the rate of 48.6 cents per kilogram plus 9.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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,

Roger J. Silvestri
Director

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