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NY A81510



March 27, 1996

CLA-2-19:RR:NC:FC:228 A81510

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.4000

Mr. David Moll
Livingston International, Inc.
360 Delaware Avenue
Buffalo, New York 14202-1610

RE: The tariff classification of pasta dinners from Canada.

Dear Mr. Moll:

In your letter dated March 7, 1996, on behalf of Unico Inc., Ontario, Canada, you requested a tariff classification ruling.

Unico Meal Kits are retail-packed units containing all the necessary pre-packaged ingredients to prepare a pasta dinner. Each contain one bag of dry, uncooked, enriched durum semolina pasta, and one pouch of grated parmesan cheese. The Unico One & Only Garlic Meal Kit also includes one can of pasta sauce, and one pouch of parsley topping. The Unico One & Only Tomato Flavour Kit includes one can of tomato basil sauce, and one can diced tomato with herb topping. The Spicy Penne Arrabiate Kit includes one can of spicy tomato sauce, and one pouch of crushed chili peppers. The Pesto Linguini Kit contains one jar of creamy basil powder sauce mix, one pouch of chopped parsley topping, and one aluminum whisk. All of the ingredients are products of Canada with the exception of the whisk, which is a product of China.

The applicable subheading for the Unico Magnifico Meal Package will be 1902.19.4000, 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...other...other, including pasta packaged with sauce preparations. The rate of duty will be 8.8 percent ad valorem. This ruling is being issued under the provisions of Part 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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