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July 8, 1999

CLA-2-19:RR:NC:2:228 E83787


TARIFF NO.: 1902.30.0040, 1904.90.0020, 2104.10.0060

Mr. Mark Yamasaki
The Food Cellar LLC
P.O. Box 5240
South San Francisco, CA 94083-5240

RE: The tariff classification of prepared foods and soup from Thailand.

Dear Mr. Yamasaki:

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

The Golden Basil brand products are frozen, ready to eat dinners, put up in boxes containing 10.5 ounces (300g), net weight. Thai Fried Noodles with Shrimp contains 41 percent noodles, 9 percent bean sprouts, 7 percent shrimp, 6.5 percent paprika, 5.5 percent sugar, 4.5 percent each of Chinese chive leaves and pickled white radish, 4 percent soy and fish sauces, 3 percent each of peanuts and tamarind juice, 2 percent each of garlic, dried shrimp, bean curd, vegetable oil, and water, and one percent red onion. Savory Stir-Fried Rice with Shrimp and String Beans contains 67 percent rice, 11 percent chili paste, 7 percent string beans, 5 percent each of vegetable oil and shrimp, 3.5 percent palm sugar, 1 percent fish sauce, and 0.5 percent kaffir lime leaves. Fried Rice with Shrimp consists of 50 percent rice, 15 percent onion, 11 percent corn, 8.5 percent carrot, 6.5 percent shrimp, 4 percent green bean, 3.5 percent vegetable oil, 1 percent salt and pepper, 0.5 percent aromat. Lemon Grass Soup with Shrimp-Clear Style consists of 57 percent water, 16 percent straw mushroom, 8 percent shrimp, 4.5 percent fresh chili, Thai ginger and lemon grass, 4 percent each of lemon juice, fish sauce and salt, and red onion, and less than one percent each of sugar, kaffir lime leaves, spring onion, coriander, and fennel leaves. All are prepared by microwaving for 4-5 minutes.

The applicable subheading for the Thai Fried Noodles with Shrimp will be 1902.30.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta, whether or not cooked or stuffed¬other pasta¬other¬frozen. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the Savory Stir-Fried Rice with Shrimp and String Beans and Thai Fried Rice with Shrimp will be 1904.90.0020, HTS, which provides for cereals (other than corn (maize)) in grain form¬pre-cooked or otherwise prepared, not elsewhere specified or included¬other¬frozen. The rate of duty will be 14.6 percent ad valorem.

The applicable subheading for the Lemongrass Soup with Shrimp-Clear Style will be 2104.10.0060, HTS, which provides for soups and broths and preparations therefor¬other¬other. The rate of duty will be 3.8 percent ad valorem.

Articles classifiable under subheading 1902.30.0040, 1904.90.0020, 2104.10.0060, HTS, which are products of Thailand, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

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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