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NY 808613



April 5, 1995

CLA-2-19:S:N:N7:228 808613

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.30.0060; 7013.39.2000; 7013.99.9000

Ms. Karyn Kirk
Grisspasta Products, Ltd.
2109 Fernand Lafontaine
Longueuil, Quebec Canada J4G 2J4

RE: The tariff classification of pasta and jars gift pack from Canada.

Dear Ms. Kirk:

In your letter dated March 23, 1995 you requested a tariff classification ruling.

Samples of two items were submitted with your request. The samples were examined and disposed of. The first item consists of one glass storage jar containing two 750 gram bags of garlic and parsley flavored, uncooked pasta. The glass jar measures 22 inches tall and 4 inches in diameter, having a unit value of $5.50. The second item, is a corrugated paper package containing two glass jars each filled with uncooked pasta. These glass storage jars measure 11 inches tall and 3 inches in diameter, having a unit value of $1.75. The pasta is said to be a product of Canada, the 22 inch jar is a product of Spain, and the 11 inch jars are products of Italy. Both items will be put up for retail sale.

The applicable subheading for the pasta will be 1902.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta...uncooked pasta, not stuffed or otherwise prepared...other...exclusively pasta. The duty rate will be free.

The applicable subheading for the 22 inch glass jar will be 7013.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes... other glassware: other...other...valued over $5 each. The rate of duty will be 7.2%.

The applicable subheading for the 11 inch, glass jars will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes... glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics...other ...other...valued not over $3 each. The rate of duty will be 29.2% ad valorem.

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
New York Seaport

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