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NY 873170

April 21, 1992



TARIFF NO.: 2106.90.6095

Ms. Susan Knowlton
Wilson Freight Services, Inc.
2412 Tenth Avenue
Port Huron, MI 48060

RE: The tariff classification of vegetable and pasta mixtures from Canada

Dear Ms. Knowlton:

In your letter dated March 25, 1992, on behalf of Omstead Foods Limited, Wheatly, Ontario, Canada, you requested a tariff classification ruling.

Ingredients breakdowns and descriptive literature accompanied your letter. The products are blends of pre-cooked pasta and blanched vegetables, frozen, packed in 2-pound plastic bags, and sold to food service customers. After thawing, the products may be used in salad bars, as side dishes for prepared entrees, or as an item on a buffet table. "Mini Veg & Pasta" contains 26 percent pasta (shells) and 74 percent vegetables (cauliflower, carrots, peppers, and onions). "Gourmet Vegetable Pasta Salad" is composed of 35 percent pasta (rotini), and 65 percent vegetables (zucchini, broccoli, carrots, red peppers, peas, and onions). "Italiano Blend" is a 40/60 blend of pasta (lasagna) and vegetables (broccoli and carrots). "Mexicali Pasta Blend" contains an equal amount (i.e., 50 percent each) of pasta (fusili) and vegetables (peas, corn, and peppers).

The applicable subheading for the vegetable and pasta mixtures will be 2106.90.6095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included... other...other...frozen. The duty rate will be 10 percent ad valorem.

Goods classifiable under subheading 2106.90.6095, HTS, which have originated in the territory of Canada, will be entitled to a 6 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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