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NY A89477



December 4, 1996

CLA-2-19:RR:NC:2:228 A89477

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1041

Ms. Linda Campanian
A.N. Deringer, Inc.
P.O. Box 510
Sweetgrass, MT 59484

RE: The tariff classification of cakes from Canada.

Dear Ms. Campanian:

In your letter dated April 11, 1996, received November 8, 1996, on behalf of Saxby Foods Ltd., Alberta, Canada, you requested a tariff classification ruling.

A listing of ingredients for six different cakes was submitted with your letter. The Grand Mariner Cake, 7" Black Forest Cake, German Chocolate Cake, Cookies and Cream Cake, Strawberry Shortcake, and Tiramisu are retail packed four cakes to a plastic case. The cakes, weighing between 750 and 800 grams each, are imported frozen and ready to eat after thawing.

The applicable subheading for the cakes will be 1905.90.1041, Harmonized Tariff Schedule of the United States (HTS), which provides for Cakes, whether or not containing cocoa... other...cakes...frozen...cakes and similar sweet baked products. The rate of duty will be free.

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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