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NY 891602

November 16, 1993



TARIFF NO.: 1902.19.2000; 7013.39.2000

Ms. Karyn Kirk
Grisspasta Products, Ltd.
2109 Fernand Lafontaine
Longueuil, Quebec Canada J4G 2J4

RE: The tariff classification of a pasta and jars gift pack from Canada

Dear Ms. Kirk:

In your letter dated September 30, 1993 you requested a tariff classification ruling.

A sample accompanied your letter. A cost breakdown was submitted on October 19, 1993. The product is a gift item consisting of two glass storage jars, 13 inches tall and 3-1/2 inches in diameter, each filled with a different variety of uncooked pasta. The filled jars are packed for retail sale in a corrugated paper container. Although your letter states the glass jars will be products of China, the sample jars are marked "Italy." The pasta is said to be of Canadian origin.

The applicable subheading for the pasta will be 1902.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta...uncooked pasta, not stuffed or otherwise prepared...other... exclusively pasta. The duty rate will be free.

The applicable subheading for the glass jars will be 7013.39.2000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics...other...other...valued not over $3 each. The rate of duty will be 30 percent ad valorem.

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). The sample you have submitted does 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).


Jean F. Maguire
Area Director

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