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NY K85384




April 27, 2004
CLA-2-19:RR:NC:2:228 K85384

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.20.6500; 1901.20.7000

Ms. Nancy Carswell
Dr. Oetker Ltd.
2229 Drew Road
Mississauga, Ontario L5S 1E5 Canada

RE: The tariff classification of muffin mixes from Canada

Dear Ms. Carswell:

In your letters dated March 31, 2004 and April 2, 2004 you requested a tariff classification ruling.

Samples and ingredients lists were submitted with your letters. The samples were examined and disposed of. Dr. Oetker brand Wild Blueberry, Apple Cinnamon, and Field Berries Fruit Filled Muffins with Streusel Topping, consist of a retail package containing pouches of dry muffin mix, dry streusel mix, and fruit filling. The muffin mix is composed of wheat flour, sugar (over 10 percent, by dry weight), rolled oats, baking powder, dextrose, modified corn starch, salt, and flavor. The streusel mix is composed of wheat flour, sugar, sodium acid pyrophosphate, baking soda, and salt. Ingredients common to all fruit fillings are water, sugar, modified corn starch, citric acid, salt, sodium benzoate, artificial color and flavor. Other ingredients found in the filling, depending on variety, include dried apples, blueberries, strawberries, raspberries, glucose syrup, xanthan gum, carrageenan, and others.

The muffin mixes require the addition of water, oil, and eggs to produce the muffin batter, and the streusel mix requires the addition of butter or margarine. Package instructions direct the user to partially fill muffin cups with batter, add the moist fruit filling, cover with remaining muffin batter, sprinkle with the streusel topping, and bake.

The applicable subheading for these three products, if imported in quantities that fall within the limits described in additional U.S. note 3 to chapter 19, will be 1901.20.6500 Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations of flour, groats, meal, starch or malt extractnot elsewhere specified or includedmixes and doughs for the preparation of bakers’ wares of heading 1905otherothermixes and doughs described in additional note 1 to chapter 19described in additional U.S. note 3 to this chapter and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 3 to chapter 19 have been reached, the products will be classified in subheading 1901.20.7000, HTS, and dutiable at the rate of 42.3 cents per kilogram plus 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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