The tariff classification of a noodle kit from China

N038595 September 26, 2008 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1902.30.0060 Mr. Aaron Bier Brauner International Corporation 66 York St., Suite 100 Jersey City, NJ 07302 RE: The tariff classification of a noodle kit from China Dear Mr. Bier: In your letter dated September 16, 2008, on behalf of Stiris Sales Corp., you requested a tariff classification ruling. The sample submitted with your letter was examined and disposed of. The product is a plastic lidded bowl containing four sealed pouches with the ingredients to make an asian-style noodle preparation. One pouch contains moist pre-cooked noodles, another pouch contains sweet and sour sauce, a third pouch contains dried vegetables, and the fourth contains a sesame seed and shallot topping. A plastic-wrapped fork is also packed in the bowl. The bowl is shrink wrapped and placed into a cardboard sleeve. Instructions on the sleeve tell the consumer to combine the noodles and dehydrated vegetables with two tablespoons of water in the bowl, pour the sauce over the noodles, cover and heat in a microwave oven. The topping is added after cooking. The applicable subheading for noodle kit will be 1902.30.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni…other pasta…other…other. The rate of duty will be 6.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division