The tariff classification of noodles from China

N130679 November 9, 2010 CLA-2-19:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1902.11.2090; 1902.19.2090 Ms. Jeannette Chen Lion Pavilion Limited 541 Gardner Ave Brooklyn, NY 11222 RE: The tariff classification of noodles from China Dear Ms. Chen: In your letters dated September 18, 2010 and October 18, 2010, you requested a tariff classification ruling. Ingredients statements, descriptions of the manufacturing processes and illustrations of noodle packages accompanied both letters. Additional information regarding the ingredients was submitted with your second letter. Family Egg Noodles are comprised of wheat flour, eggs, salt and water. Hand Rolling Noodles are composed of wheat flour, salt and water. Both products are produced by mixing the ingredients, rolling the dough, cutting the dough into sheets, drying and packing the noodles in plastic bags for retail sale. Family Egg Noodles are put up in packages containing 908 grams, net weight. Hand Rolling Noodles are in bags weighting 1000 grams, net weight. The applicable subheading for Family Egg Noodles will be 1902.11.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed…uncooked pasta, not stuffed or otherwise prepared…containing eggs…exclusively pasta…product of a country other than an EU country. The rate of duty will be free. The applicable subheading for Hand Rolling Noodles will be 1902.19.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed…uncooked pasta, not stuffed or otherwise prepared…other…exclusively pasta…product of a country other than an EU country. The rate of duty will be free. 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