us-cbp-cross-rulings-hq-951723•HQ 951723: Classification of Frozen Doughs
HQ 951723: Classification of Frozen Doughs
us-cbp-cross-rulings-hq-951723HQ 951723: Classification of Frozen DoughsGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 951723
September 30, 1992
CLA-2 CO:R:C:F 951723 JGH
CATEGORY: Classification
TARIFF NO.: 1901.20.0016; 1901.20.0031; 1901.20.0095
1901.90.4050; 1901.90.8040; 1901.90/9095
Mr. William J. Bugyra
Handel Trade Inc.
76 St. Claire Ave. West Ste 101
Toronto, Ontario, Canada M4V 1N2
RE: Classification of Frozen Doughs
Dear Mr. Bugyra:
Your letter of April 20, 1992, in behalf of Der Brotkorb,
Inc., described as a Canadian producer of baked goods, concerns
the tariff classification of frozen dough products under the
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The products are described as specialty breads and buns
which would be exported to the United States in the form of
frozen doughs. It is stated that the frozen doughs would include
such products as three grain, seven grain and sour dough breads,
with varying combinations of ingredients, (such as, milk, eggs,
margarine, yeast, buttermilk, lard, sugar, yeast, wheat, rye
flour, oat flakes, soya bran, etc.).
ISSUE:
Classification of frozen doughs for breads and buns.
LAW AND ANALYSIS:
A definite classification can not be given for these
products without the complete composition of the various doughs
being provided. However, the Explanatory Notes to the HTS state
that heading 1901 does cover ready-mixed doughs consisting
essentially of cereal flour with sugar, fat, eggs, or fruit
(including those put up in moulds). In the absence of complete
information on the composition of specific products only a
probable classification may be given.
- 2 -
Subheading 1901.20 applies to Mixes and doughs for the
preparation of bakers' wares of heading 1905 (Bread, Cakes and
Pastries). The duty on products of Canada for 1992 is 6 percent
ad valorem. The probable classification and quota status of the
various doughs would be as follows:
1) If the doughs are in the form of sheets
or blocks of dough (i.e., not preformed),
and if the total butterfat content in the
dough is over 5.5 percent, they probably
would be classifable in subheading 1901.20.0031,
HTSUS, and subject to the quota in subheading
9904.10.81.
2) If the doughs are preformed,not filled, contain
low fat (i.e., 5.5 percent or less butterfat),
dried milk, whey, or butter milk and contain
over 16 percent milk solids, classification
would probably be in subheading 1901.20.0016,
HTSUS, and subject to the quota in 9904.10.75,
HTSUS.
3) If not filled, preformed or if not formed, and
do not contain over 5.5 percent butterfat, and
do not contain low fat milk, whey or buttermilk
or over 16 percent milk solids, the probable
classification of the doughs is in subheading
1901.20.0095, HTSUS.
4) If filled, the doughs are considered something
more than preparations, and if they contain over
5.5 percent butterfat, the probable classification
would be 1901.90.4050, HTSUS, dutiable at 9.6
percent ad valorem.
5) If filled, and do not contain over 5.5 percent
butterfat, but contain low fat milk, whey, or
buttermilk, and over 16 percent milk solids, the
probable classification would be as food prepara-
tions in subheading 1901.90.8040, HTSUS, dutiable
at 6 percent ad valorem, and subject to the quota
in subheading 9904.10.75, HTSUS. - 3 -
6) If the products are filled, but do not contain
over 5.5 percent butterfat, do not contain low fat
milk, whey, or buttermilk, or, if containing low
fat milk, whey or buttermilk, and do not contain
over 16 percent milk solids, classification would
probably be in subheading 1901.90.9095, HTSUS, as
a food preparation, with a rate of duty of 6 percent
ad valorem.
Quota provisions enclosed.
Sincerely,
John Durant, Director
Commercial Rulings Division
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