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NY N010411




May 3, 2007

CLA-2-19:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.9060

Mr. Ha Lai Shiu
Premier Shipping Company
429 Watchung Avenue
North Plainfield, NJ 07060

RE: The tariff classification of pizza from India

Dear Mr. Shiu:

In your letter dated April 25, 2007, on behalf of Deep Foods, Inc., Union, NJ, you requested a tariff classification ruling.

Photographs and a description of the manufacturing process accompanied your letter. Additional information was provided by Deep Foods, Inc., in a telephone conversation with the National Import Specialist on May 1, 2007. The product is a fully cooked, frozen pizza, topped with sauce, cheese, vegetables, or a combination of these ingredients. Each frozen pizza will be shrink wrapped and packed in a carton.

The applicable subheading for the frozen pizzas will be 1905.90.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresotherbread, pastry, cakes, biscuits and similar baked productsotherpizza and quiche. The rate of duty will be 4.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 1905.90.9060, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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