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NY H87521




February 4, 2002

CLA-2-19:RR:NC:2:228 H87521

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1041

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

RE: The tariff classification of frozen cakes from Canada.

Dear Ms. Avis:

In your letter dated November 19, 2001, you requested a tariff classification ruling.

Pictorial literature and lists of ingredients for three different frozen cakes were submitted with your letter. The Lemon, Strawberry, and Black Forest cakes consist of layers of cake, filling and cream. Each cake measures approximately 12 x 16 x 3 inches and weighs approximately 4 lbs. The cakes are ready to eat after thawing.

The applicable subheading for the frozen cakes 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 productsfrozen 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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