NY 887722 - The tariff classification of a pizza dough premix from Canada and elsewhere. - United States International Trade Commision Rulings

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NY 887722

July 20, 1993

CLA-2-17:S:N:N7:232-887722

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.0135; 1701.99.0235

Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road - Suite 888
West Bloomfield, MI 48322

RE: The tariff classification of a pizza dough premix from Canada and elsewhere.

Dear Mr. Bien:

In your letter dated June 30, 1993, you requested a tariff classification ruling.

Your query concerns the classification of a pizza dough premix con- taining 90 percent granulated sugar and 10 percent diastatic dry malt powder (malted barley, wheat flour and dextrose), which will be imported in 2,000 pound bulk bags and 100 pound paper bags, and which will be used directly in the manufacture of frozen pizza dough. A sample of the product was included with your request. The sample was opened, examined and disposed of.

The applicable subheading for the pizza dough premix will be 1701.99, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form: other. For the pizza dough premix described in paragraphs (a) and (b) of additional U.S. note 3 to chapter 17 and entered pursuant to the provisions, and not to be further refined or improved in quality, other, the applicable subheading will be 1701.99.0135, HTS. The rate of duty will be 1.4606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.943854 cents per kilogram. For other pizza dough premix, not to be further refined or improved in quality, other, the applicable subheading will be 1701.99.0235, HTS. The duty rate will be 37.386 cents per kilogram less 0.529 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 24.161 cents per kilogram. In addition, merchandise which is classifiable under subheadings 1701.99.0135 and 1701.99.0235, HTS, which is not subjected to additional refining or improvements in quality in the United States is subject to a supplemental agricultural fee of 2.2 cents per kilogram under item 9904.40.20, HTS.

Goods classifiable under subheading 1701.99.0135 or 1701.99.0235, HTS, which have originated in the territory of Canada, will be entitled to a duty rate of 0.7303 cents per kilogram less 0.010334 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.471927 cents per kilogram under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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