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NY 882714

February 22, 1993



TARIFF NO.: 1509.10.2000; 1902.19.2000

Mr. Egidio Reale
P.O. Box 1170
San Juan, PR 00902-1170

RE: The tariff classification of olive oil and dried pasta, from Italy

Dear Mr. Reale:

In your letter dated February 5, 1993, on behalf of Itarica, you requested a tariff classification ruling.

Three samples accompanied your letter, were examined and disposed of. The sample identified as "Bompensa" brand cold- pressed extra-virgin olive oil was put up in a 500 milliliter glass bottle, packed in a cardboard box. Your letter indicates the oil may also be packed in bottles containing 750 and 1000 milliliters, or in 3 and 5-liter tin containers. Two samples of uncooked, dried spaghetti were submitted. One variety was made from durum wheat semolina, the other from a mixture of wheat and rye flours. Other varieties of pasta you plan to import may be composed of similar blends of cereal flours, or blends of cereal, soy, and vegetable flours, and may be in a variety of shapes and forms. All pastas will be packed in clear cellophane packages, containing 500 grams, net weight.

The applicable subheading for the olive oil will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for olive oil and its fractions, whether or not refined, but not chemically modified...virgin...weighing with the immediate container under 18 kg.. The rate of duty will be 5 cents per kilogram on the contents and container.

The applicable subheading for the dried pasta will be 1902.19.2000, HTS, which provides for pasta...uncooked...not stuffed or otherwise prepared...other...exclusively pasta. The rate of duty will be free.

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). Some of 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 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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