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NY 816189




November 9, 1995

CLA-2-19:R:N2:228 816189

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.11.4000; 2103.90.9060

Haco Ltd.
CH-3073 Gumligen
Switzerland

RE: The tariff classification of pasta products and sauce preparations from Switzerland

Dear Sir:

In your letters dated August 26, 1995 and October 18, 1995 you requested a tariff classification ruling.

Ingredients breakdowns for eight products were submitted with your first letter. Five items (Haco Swiss Base for Sauce Carbonara and Sauce Alfredo, Haco Swiss Creamy Cheese Sauce with Wild Garlic, Haco Swiss Creamy Cheese Sauce with 4 Cheeses, Haco Swiss Creamy Cheese Sauce with Mushrooms, and Haco Swiss Creamy Cheese Sauce with Tomato) are described as powdered sauce preparations. All are composed of a variety of ingredients, the primary ones being flour, dehydrated cheese, corn starch, maltodextrin, dehydrated vegetables, and non-fat dry milk, and require the addition of water and milk or cream and cooking in order to become a finished sauce. Three items (Haco Swiss Pasta with Creamy Cheese/Mushroom Sauce, Haco Swiss Pasta with Creamy Cheese/Tomato Sauce, and Haco Swiss Pasta with Creamy Cheese Sauce) consist of uncooked egg noodles combined with a powdered sauce preparation. These pasta products are prepared by placing the entire contents of the container into boiling water, and cooking for approximately 12-15 minutes. All of these food preparations will be packaged for the catering or institutional trade.

The applicable subheading for the three pasta products will be 1902.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta, whether or not cooked or stuffed...uncooked pasta, not stuffed or otherwise prepared...containing eggs...other, including pasta packaged with sauce preparations. The rate of duty will be 9.4 percent ad valorem.

The applicable subheading for the sauce preparations will be 2103.90.9060, HTS, which provides for sauces and preparations therefor...other...other...other. The rate of duty will be 7.3 percent 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 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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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