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NY G81337




September 13, 2000

CLA-2-19:RR:NC:2:228 G81337

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.4000; 1902.40.0000

Mr. Stephen DeCastro
All Ways Forwarding International, Inc.
701 Newark Avenue Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of food products from Belgium

Dear Mr. DeCastro:

In your letter dated August 31, 2000, on behalf of World Finer Foods, Inc., you requested a tariff classification ruling.

Three samples, ingredients breakdowns, and descriptive literature were submitted with your letter. The samples were examined and disposed of. Each product is described as an “Organic Compact Food,” and consists of a sealed, clear plastic film package of dry, uncooked, non-egg pasta or steam-cooked couscous, and a sealed foil pouch containing a dry sauce preparation. The pasta is a product of Belgium, the couscous is made in Italy, and the sauce preparations are made in Germany. The components are packaged together in Belgium. The article identified as Pasta with Mushrooms Flavoured with White Truffle is packed in a box containing 100 grams, net weight. Pasta with Vegetables and Basil weighs 70 grams, net weight, and Couscous with Vegetables and Coriander is put up in a container holding 95 grams, net weight.

The applicable subheading for the Pasta with Mushrooms Flavoured with White Truffle and the Pasta with Vegetables and Basil will be 1902.19.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta, whether or not cooked or stuffeduncooked pastaotherother, including pasta packaged with sauce preparations. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Couscous with Vegetables and Coriander will be 1902.40.0000, HTS, which provides for couscous, whether or not prepared couscous. The rate of duty will be 6.4 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 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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