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May 5, 1999

CLA-2-19:RR:NC:2:228 E80511

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095

Mr. Todd Masters
Albert Uster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877

RE: The tariff classification of a bakery additive from Switzerland

Dear Mr. Masters:

In your letter dated January 5, 1999 you requested a tariff classification ruling.

A sample, submitted with your letter, was forwarded to the U.S. Customs laboratory for analysis. Additional information was submitted with your letter of March 26, 1999. “Prontopan Rustico” is a brown powder said to be composed of 50.6 percent cereal flour, 12.2 percent salt, 10.2 percent dry sour dough starter, 10 percent skimmed milk powder, 6.4 percent lactose, 4.4 percent dextrose, 3.6 percent emulsifiers, 2.4 percent malt powder, and less than one percent each of ascorbic acid and enzymes. Laboratory analysis found the product contained 11.58 percent milk solids. Prontopan Rustico will be sold to bakeries or other high-volume producers of bread products where it will be mixed with water, flour, and yeast to make a dough for bread or rolls.

The applicable subheading for Prontopan Rustico bakery additive 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 7 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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