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NY D81287




August 25, 1998

CLA-2-18:RR:NC:2:228 D81287

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090; 1905.90.1041

Dr. Davide Brebbia
A-27 s.r.l.
Via Valganna
I-21030 Rancio Valcuvia (VA) Italy

RE: The tariff classification of dessert products from Italy

Dear Dr. Brebbia:

In your letter dated August 5, 1998 you requested a tariff classification ruling.

Ingredients breakdowns, descriptive literature, and samples were submitted by your consultant, Mr. Stephen Speier, of the Trader Import Company. The samples were examined and disposed of. The products are dessert items, packed for retail sale. Tartufo is a product with a mousse-like consistency, consisting of a chocolate body with a vanilla cream filling. Tiramisu consists of a wine-soaked cake base layer, topped with a cheese-flavored cream, sprinkled with cocoa powder. Cappuccino is a product with a liqueur-soaked cake base layer, topped with two different flavored cream layers. Profiteroles are cream-filled puff pastry balls, in a chocolate-flavored sauce. All products will be imported in frozen condition, put up in sealed, plastic cups holding 80 grams, two cups in a cardboard sleeve. The Tiramisu will also be put up as a 500-gram rectangular-shaped cake. Although imported frozen, all must be thawed prior to eating, and served chilled.

The applicable subheading for the Tartufo will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa...other...other...other. The rate of duty will be 6.3 percent ad valorem.

The applicable subheading for the Tiramisu, Cappuccino, and Profiteroles will be 1905.90.1041, HTS, which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa...other...frozen...pastries, 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,

Robert B. Swierupski
Director,

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