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NY 886001




June 3, 1993

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.20.0060

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

RE: The tariff classification of tortellini from Italy

Dear Mr. Quinlan:

In your letter dated May 4, 1993, on behalf of Star S.p.A., Milan, Italy, you requested a tariff classification ruling.

An empty container of one product, and photocopies of the packages for two others, accompanied your letter. The products are three varieties of tortellini, a prepared food consisting of pasta made from durum wheat semolina and eggs, rolled around a meat, cheese, or mushroom filling. The pasta to filling ratio is said to be 70/30. After filling, the tortellini is heat treated, oven dried, and packed in an airtight plastic pouch containing 250 grams, net weight.

The applicable subheading for the tortellini will be 1902.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for stuffed pasta, whether or not cooked or otherwise prepared...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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