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NY I84166

August 2, 2002

CLA-2-19:RR:NC:2:228 I84166


TARIFF NO.: 1902.19.4000

Mr. Pablo Torres
Corex S.p.A.
S.S. 19 n. 3/5
84091 Battipaglia (SA) Italy

RE: The tariff classification of a pasta dinner kit from Italy

Dear Mr. Torres:

In your letter dated July 12, 2002 you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. The product is a “Pasta Kit,” containing all the necessary ingredients to prepare a pasta meal: a clear plastic package containing uncooked spaghetti, a sealed foil package containing a sauce preparation, and a sealed paper pouch containing grated cheese. The components are packed together for retail sale in a cardboard box, overall net weight 435 grams. The pasta kit will be marketed in three different varieties. All will contain the same pasta and grated cheese, the difference will be the type of sauce preparation – tomato and basil, cream and mushroom, or green pesto.

The applicable subheading for the pasta dinner kit will be 1902.19.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta, whether or not cooked or stuffeduncooked pasta, not stuffed or otherwise preparedotherother, including pasta packaged with sauce preparations. The rate of duty will be 6.4 percent ad valorem.

The pasta dinner kit may be subject to antidumping and/or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 646-733-3029.


Robert B. Swierupski

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