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NY H89129




March 21, 2002

CLA-2-19:RR:NC:2:228 H89129

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.2010; 1902.19.2020; 1902.19.2030

Ms. Peggy Suarez
Charles Happel, Inc.
120 Broadway, Suite 3330
New York, NY 10271

RE: The tariff classification of pasta from Italy

Dear Ms. Suarez:

In your undated letter, on behalf of Agrusa Inc., Leonia, NJ, you requested a tariff classification ruling. Your letter was received by this office on March 13, 2002.

A sample, submitted with your letter, was examined and disposed of. The product is uncooked pasta, packed for retail sale in a sealed plastic bag containing one pound, net weight. The stated ingredients are durum wheat semolina, niacin, iron, Vitamin B1, Vitamin B2, and folic acid.

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 pasta product 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.

A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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).

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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