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NY I89893




January 23, 2003

CLA-2-19:RR:NC:2:228 I89893

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.20.8000

Mr. Tom Woestendiek
Trans American Global Logistics Services
2775 Broadway
Buffalo, NY 14227

RE: The tariff classification of pancake and waffle mixes from Canada

Dear Mr. Woestendiek:

In your letter dated January 3, 2003, on behalf of Dr. Oetker Ltd., Mississauga, Ontario, Canada, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Dr. Oetker brand Simple Organics Organic Pancake & Waffle Mix, in three flavor varieties, is a dry mix put up for retail sale in boxes containing from 22 to 32 ounces, net weight. Ingredients common to all three mixes (Original, Apple Cinnamon, and Chocolate Chip) are wheat flour, sugar (less than 10 percent, by dry weight), cream of tartar, sodium bicarbonate, and salt. The Apple Cinnamon variety also contains cinnamon, apple flakes, and diced apples, and the Chocolate Chip variety contains dark, semi-sweet chocolate chips. The mixes are complete, requiring only the addition of milk, eggs, and oil to prepare the batter for making pancakes or waffles.

The applicable subheading for these pancake and waffle mixes will be 1901.20.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or includedmixes and doughs for the preparation of bakers’ wares of heading 1905otherotherother. The rate of duty will be 8.5 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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