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NY N025252




April 8, 2008

CLA-2-19:OT:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.2010; 1902.19.2020; 1902.19.2030

Mr. Moe Elshafi
Alba Wheels Up International, Inc.
525 Washington Boulevard
Jersey City NJ 07310

RE: The tariff classification of pasta from Italy

Dear Mr. Elshafi:

In your letter dated March 20, 2008 on behalf of D. Coluccio & Sons, Inc., Brooklyn, NY, you requested a tariff classification ruling.

A sample was submitted with your letter and is being returned to you, as requested. The product is “Misura” brand dry, non-egg, whole wheat pasta. The sample, a 500-gram plastic film retail package of penne pasta, is said to be composed of durum wheat semolina and fine bran, fortified with vitamins and iron. Your letter states the imported pasta may be in a variety of forms, and all packages will weigh 500 grams.

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 (HTSUS), 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).

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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