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NY 805740



January 25, 1995

CLA-2-19:S:N:N7:228 805740

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.30.0060

Mr. Richard Huang
Namchow (Thailand) Ltd.
26 Sukhumvit 18
Bangkok 10110 Thailand

RE: The tariff classification of instant noodle preparations from Thailand

Dear Mr. Huang:

In your letter dated December 12, 1994 you requested a tariff classification ruling.

Samples, ingredients breakdowns, and descriptions of the manufacturing processes for five products accompanied your letter. The samples were examined and disposed of. Each product consists of a styrofoam cup with a foil lid, containing dried, pre-cooked (i.e., steamed and fried) noodles, and sealed packets containing powder condiments and paste condiments. In addition, "Little Cook Stewed Pork Premium Instant Noodle" contains a vacuum pouch of green mustard pickles, and a retort pouch containing pork in a sauce. "Little Cook Spicy Beef Premium Instant Noodle" contains a retort pouch of beef in sauce, and fermented sour mustard in a vacuum pouch. "Little Cook Curry Beef Premium Instant Noodle" contains a retort pouch of beef in sauce. "Little Cook Curry Chicken Premium Instant Noodle" contains a retort pouch of chicken in sauce. "Little Cook Stewed Beef Premium Instant Noodle" contains a retort pouch of beef in sauce.

The applicable subheading for the instant noodle preparations will be 1902.30.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta...whether or not cooked or stuffed...other pasta...other...other. The duty rate will be 9.4 percent ad valorem.

Articles classifiable under subheading 1902.30.0060, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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