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NY E89941




December 1, 1999

CLA-2-19:RR:NC:2:228 E89941

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1041

Ms. Thea Avis
Saxby Foods Ltd.
4120-98th Street
Edmonton, Alberta Canada T6E 5A2

RE: The tariff classification of cheesecakes from Canada

Dear Ms. Avis:

In your letters dated September 29, 1999 and November 16, 1999, you requested a tariff classification ruling.

Ingredients lists, illustrative literature, and a manufacturing flow chart were submitted with your inquiry. The products are fully baked, frozen cheesecakes, 6 inches in diameter, weighing approximately 12 ounces, packaged on plastic bases, under clear plastic domes. Ingredients common to all four varieties (Blackberry, Strawberry, New York Plain, and Chocolate) are cream, sugar, water, skim milk powder, liquid egg white, margarine, invert sugar, liquid whole egg, flour, canola oil, microcrystalline cellulose, salt, lemon juice, locust bean gum, lecithin, and partially hydrogenated soybean oil. Depending on variety, other ingredients are crumbs, chocolate crumbs, blackberry juice, strawberry juice, chocolate chips, sour cream, modified corn starch, citric acid, xanthan gum, potassium sorbate, carrageenan, color, and artificial flavor

The applicable subheading for the frozen cheesecakes will be 1905.90.1041, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoaotherbread, pastry, cakes, biscuits and similar baked productswhether or not containing chocolate, fruit, nuts or confectioneryfrozenpastries, 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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