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NY F88339




July 5, 2000

CLA-2-19:RR:NC:2:228 F88339

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.2010, 1902.19.2020, 1902.19.2030, 2005.70.1200, 2103.90.8000, 4421.90.5000, 4419.00.8000, 6304.92.0000, 7615.19.7060

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 East 2nd Street
Long Beach, CA 90803

RE: The tariff classification of a Pasta Set from China.

Dear Mr. Harper:

In your letters dated May 9, 2000, and June 8, 2000, you requested a tariff classification ruling.

A sample, ingredients breakdowns, and illustrative literature accompanied your letters. The sample was examined and disposed of. The Being by Shonfeld’s Pasta Set consists of a bag of Pasta, Premium Greek Olives, Pepper Onion Spice Mix, Garlic Flavored Oil, an oven mitt, a pasta “spoon,” and “olive” picks, in a metal colander, shrink wrapped. The pasta is a product of Italy, the olives are from Greece, the spice mix, flavored oil, oven mitt, pasta “spoon”, “olive” pics, and the colander, are products of China. The Pasta is made from enriched wheat semolina. The olives are whole, green olives in a liquid solution of water, salt, lactic acid, citric acid, and potassium sorbate, put up in a clear glass bottle, measuring approximately 4-7/8 inches tall and 2-3/8 inches in diameter. The Garlic Flavored Oil contains minced garlic in canola oil, in a clear glass bottle measuring approximately 7 inches tall and 1-7/8 inches in diameter. The spice mix consists of dehydrated onion flakes, black peppercorns, and crushed red chili peppers. The tan-colored oven mitt is made from 100% cotton. The pasta “spoon” is a pasta server, made of wood, measuring approximately 12 inches long, with eight one-inch long wooden pegs. The olive picks are 2-1/2 inches long, round wood toothpicks with one grooved flat end and one pointed end, packed in a plastic container. All of the items are contained in an aluminum, wire mesh colander.

Each component will be classified separately.

The applicable subheading for the pasta, when subject to the Inward Processing Regime (IPR), will be 1902.19.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for uncooked pasta, not stuffed or otherwise preparedother exclusively pastaproduct of a European Union (EU) Country subject to the Inward Processing Regime (IPR). When the imported pasta is subject to the EU reduced export refund in accordance with the US-EU Pasta agreement, the applicable subheadings will be 1902.19.2020 or 1902.19.2030, HTS. In all cases, the rate of duty will be free. However, this merchandise, non-egg dry pasta, a product of Italy, may be subject to antidumping and/or countervailing duties.

Importations of pasta, classified in subheadings 1902.19.2010, 1902.19.2020, and 1902.19.2030, HTS, must be accompanied by an EU P1 form for pasta classified in subheading 1902.19.2010 or EU P2 form for pasta classified in subheadings 1902.19.2020 or 1902.19.2030.

The applicable subheading for the Premium Greek Olives will be 2005.70.1200, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesin a saline solutiongreen in colornot pittedother. The rate of duty will be 3.7 cents per kilogram on drained weight.

The applicable subheading for the Pepper Onion Spice Mix and Garlic Flavored Oil will be 2103.90.800, HTS, which provides for mixed condiments and mixed seasoningsothermixed condiments and mixed seasoningsother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for Wood Pasta “Spoon” will be 4419.00.8000, HTS, which provides for tableware and kitchenware, of woodother. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the Wood Olive Picks will be 4421.90.5000, HTS, which provides for other articles of woodtoothpicks. The rate of duty will be free.

The applicable subheading for the oven mitt will be 6304.92.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404othernot knitted or crocheted, of cotton. The rate of duty will be 6.7 percent ad valorem.

The oven mitt falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

The applicable subheading for the colander will be 7615.19.7060, HTS, which provides for table, kitchen or other household articles of aluminumothercooking and kitchen ware not enameled or glazed and not containing non-stick interior finishes otherother. The rate of duty will be 3.1 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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