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April 22, 1999

CLA-2-84:RR:NC:MM:106 E80832


TARIFF NO.: 8438.90.9015

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

RE: The tariff classification of pasta machine dies from Italy.

Dear Mr. Schau:

In your letter dated April 10, 1999, on behalf of De Mari Pasta Dies USA, Inc., you requested a tariff classification ruling. You submitted a brochure with your request.

The articles in question are pasta machine die molds. The die mold is fitted onto a pasta making machine and forms the pasta shapes as it is pressed through the inserts. Pasta dies are constructed from brass and bronze aluminum. You indicate that there are a multitude of different styles forming different pasta types, designated on the manufacturers invoice by the measured size of the die. De Mari Pasta Dies imports these dies and sells them to pasta manufacturing companies for use in pasta making machines.

The applicable subheading for the pasta machine dies 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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