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NY 890748




October 8, 1993

CLA-2-21:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6599

Mr. Liam Quinlan
Dobson & Sinisi
600 Lexington Avenue
New York, NY 10022

RE: The tariff classification of rice preparations from Italy

Dear Mr. Quinlan:

In four letters, each dated September 27, 1993, on behalf of Star S.p.A., Milan, Italy, you requested a tariff classification ruling. An ingredients breakdown and sample accompanied each letter. The samples were examined and disposed of. Each letter describes a different variety of "risotto," a rice-based food preparation. The main ingredients are the same for all four flavors: uncooked rice (approximately 85 percent), hydrogenated vegetable fat, rice flour, salt, lactose, dehydrated vegetables, monosodium glutamate, flavoring, and yeast extract. The variable ingredients depend on the variety of risotto: dehydrated asparagus, mushrooms, dehydrated artichokes, or saffron. The blended, dry ingredients are packed in a sealed pouch containing 175 grams, net weight. Package instructions indicate the contents must be added to water, brought to a boil, and simmered 15 to 20 minutes, or until the water has been absorbed.

The applicable subheading for the asparagus, mushroom, artichoke, and saffron risotto will be 2106.90.6599, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 10 percent ad valorem.

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).

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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