The tariff classification of pasta from Italy

N235186 November 21, 2012 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1902.19.2010; 1902.19.2020; 1902.19.2030 Ms. Tanja Wendl Glaseritalia GmbH Mondseer Strasse 14 Strasswalchen, 5204 Austria RE: The tariff classification of pasta from Italy Dear Ms. Wendl: In your letter dated November 8, 2012, you requested a tariff classification ruling. Ingredients lists and images of the products accompanied your inquiry. Additional information was provided via an email message dated November 12, 2012. The three Specially Selected brand products - Conchiglie Gourmet Pasta, Gigli Gourmet Pasta, and Trottole Gourmet Pasta are dried, uncooked pasta, in a variety of shapes, colors and sizes. The conchiglie pasta in five colors is composed of durum wheat semolina, turmeric, spinach powder, beetroot powder, and cuttlefish ink. The gigli pasta in three colors consists of durum wheat semolina, spinach powder, and tomato powder. The trottole pasta contains durum wheat semolina. The three products are packed for retail sale in plastic bags holding 454 grams (16 ounces), net weight. The applicable subheading for the three pasta, when subject to the Inward Processing Regime (IPR), will be 1902.19.2010, 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 European Union (EU) country … subject to the Inward Processing Regime (IPR). When the imported pasta is subject to the EU reduced export refund in accordance with the US-EU Pasta agreement, the applicable subheadings will be 1902.19.2020 or 1902.19.2030, HTSUS. In all cases, 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 the World Wide Web at http://www.usitc.gov/tata/hts/. Importations of pasta, classified in subheadings 1902.19.2010, 1902.19.2020, and 1902.19.2030, HTSUS, must be accompanied by an EU P1 form (for pasta classified in subheading 1902.19.2010) or EU P2 form (for pasta classified in subheadings 1902.19.2020 or 1902.19.2030). The merchandise in question may be subject to antidumping duties or countervailing duties. 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division