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NY G85744




February 8, 2001

CLA-2-19:RR:NC:2:228 G85744

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.2030

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz,
Silverman & Klestadt LLP
245 Park Avenue
33rd floor
New York, NY 10167-3397

RE: The tariff classification of pasta from Italy.

Dear Mr. Schoenig:

In your letter dated December 28, 2000, on behalf of Orlando Food Corporation, Maywood, NJ, you requested a tariff classification ruling.

An ingredients breakdown and a sample were submitted with your letter. The sample was examined and is being returned as per your request. The product is a brown colored, “low carbohydrate”, uncooked, linguini-type, dry pasta product. It is said to be composed of soy flour, durum wheat, gluten, soy protein, and egg whites (over 2 percent). The sample was packed in a clear plastic package containing approximately 1 lb. 2 ozs., net weight.

The applicable subheading for this soy flour-based pasta will be 1902.19.2030 Harmonized Tariff Schedule of the United States, (HTS), which provides for pasta, whether or not cooked or stuffedor otherwise prepareduncooked pasta, not stuffed or otherwise preparedother exclusively pastaother. The rate of duty will be free.

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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