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March 10, 1999

CLA-2-19:RR:NC:2:228 D88527


TARIFF NO.: 1901.90.9095

Mr. Wayne Buehrer
Tomen America Inc.
Suite 1610
100 First Street
San Francisco, CA 94105

RE: The tariff classification of potato starch noodles from Japan.

Dear Mr. Buehrer:

In your letter dated February 22, 1999, you requested a tariff classification ruling.

The sample, submitted with your letter, was examined and disposed of. The “Harusame” sample is composed of thin white colored noodles made from potato starch, measuring approximately 9" long, packed in a cellophane bag containing 150 grams, net weight.

The applicable subheading for the potato starch noodles will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch...other...other...other. The rate of duty will be 7 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 (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 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 212-637-7065.


Robert B. Swierupski

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