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April 21, 1999

CLA-2-84:RR:NC:MM:106 E80147


TARIFF NO.: 8438.90.9015

Mr. Craig M. Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of die inserts for pasta machines from Italy.

Dear Mr. Schau:

In your letter dated April 1, 1999, on behalf of De Mari Pasta Dies USA, Inc., you requested a tariff classification ruling. You submitted a brochure and a sample of a noodle insert with your request.

The imported articles are various die inserts for molds used with pasta making machines. The die inserts are constructed from brass and have Teflon or nickel-coated extrusion holes. There are a multitude of different styles which are all similar in construction. You indicate that the type of insert is described on the commercial invoice by the type of pasta, for example, lasagna, cornetti, tubetti, rigati, and so. The inserts are installed into De Mari Pasta molds in the United States for use in making pasta shapes in pasta making machines.

The applicable subheading for the die inserts for pasta machines will be 8438.90.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of bakery machinery and machinery for the manufacture of macaroni, spaghetti or similar products. The rate of duty will be 2.8 percent ad valorem.

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 Patrick J. Wholey at 212-637-7036.


Robert B. Swierupski

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