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NY A80884




March 14, 1996

CLA-2-19:RR:NC:FC:228 A80884

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095; 2106.90.9998

Mr. Walter Koehn
Diamalt Backmittel Vertriebsgesellschaft mbH P.O. Box 20 80
89210 Neu-Ulm Germany

RE: The tariff classification of bakery products from Germany

Dear Mr. Koehn:

In your letter dated February 15, 1996 you requested a tariff classification ruling.

Ingredients breakdowns, descriptive and technical literature, and five samples, accompanied your letter. The samples were examined and disposed of. Vorteig is a pale white powder composed entirely of biologically fermented wheat meal. Sauerteig-Neu is a brown powder composed of biologically fermented rye meal. The manufacturing process is the same for both items. Wheat or rye meal is mixed with water and a sour dough culture and allowed to ferment until the dough becomes sour. Additional meal and water are added and fermented again. The dough is then dried and pulverized. PowerSauer 165 is a tan colored powder composed of 79-81 percent dried, powdered wheat sour dough (i.e., Vorteig), 16-18 percent lactic acid, 1-2 percent acetic acid, and less than one percent soybean fat and ascorbic acid. All three products are used by commercial bakeries, added in small dosages (3-6 percent of total flour weight for Vorteig, 2-10 percent for Sauerteig-Neu, 5-6 percent for PowerSauer) to provide a sour flavor and aroma to breads and rolls.

Monopol Natural Concentrate is a brown powder composed of 51-52 percent malted wheat flour, 17-18 percent dried wheat sour dough (i.e., Vorteig), 15 percent amylaceous enzymes, and 5-7 percent ascorbic acid. This item functions as an oxidizing agent, a replacement for potassium bromate in wheat flour, which strengthens doughs. It is added to flour at the mixing stage, at the rate of .1 to .25 pounds per 100 pounds of flour. Monopol Malta is a white powder said to consist of 32 percent wheat flour, 20-26 percent emulsifier, 13-14 percent calcium carbonate, 11 percent soybean flour, 8-10 percent guar gum, 4-6 percent monocalcium phosphate, with the balance of ingredients amylaceous enzymes, soybean fat, tricalcium phosphate, and ascorbic acid. This product is added to doughs at the mixing stage, at the rate of .7 to 1.2 percent of total flour weight. It serves as an emulsifier and oxidizing agent, making doughs more relaxed and pliable, more easily processed or shaped, and yielding breads with larger volumes.

The applicable subheading for the Vorteig, Sauerteig-Neu, and PowerSauer will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract...other...other...other. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for the Monopol Natural Concentrate and Monopol Malta will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 8.8 percent ad valorem.

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,

Roger J. Silvestri
Director

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