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NY 862221


Apr 19, 1991

CLA-2-10:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1008.90.0020; 1902.19.2000

Mr. R.D. Rogers
Milne & Craighead
Box 126
Portal, ND 58772

RE: The tariff classification of wild rice products from Canada

Dear Mr. Rogers:

In your letter dated March 29, 1991, on behalf of Canadian Lake Wild Rice, LaRonge, Saskatchewan, Canada, you requested a tariff classification ruling.

Samples accompanied your letter, were examined and disposed of.
Northern Lights Wild Rice consists of whole, unprocessed grains of wild rice, in a retail package containing 7.05 ounces (200 grams), net weight. Northern Lights Wild Rice Pasta is a dry macaroni product made from wild rice flour and water. The product is put up for retail sale in containers holding 7.05 ounces (200 grams), net weight.

The applicable subheading for the Northern Lights Wild Rice will be 1008.90.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other cereals (including wild rice)...wild rice. The duty rate will be 2.5 percent ad valorem.

The applicable subheading for the Northern Lights Wild Rice Pasta will be 1902.19.2000, HTS, which provides for pasta, whether or not cooked or stuffed...uncooked pasta, not stuffed or otherwise prepared...other... exclusively pasta. The rate of duty will be free.

Goods classifiable under subheading 1008.90.0020, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the Wild Rice Pancake Mix. Your request for a classification ruling should include an actual ingredients breakdown. The breakdown you have provided does not agree with the ingredients listed on the package label.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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