The tariff classification of noodle products from Germany

N007621 March 15, 2007 CLA-2-19:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1902.30.0060 Ms. Margaret Eckert German Agricultural Marketing Board CMA North America 42 Lehigh Lane Hicksville, NY 11801 RE: The tariff classification of noodle products from Germany Dear Ms. Eckert: In your letter dated February 26, 2007, on behalf of Huegli Nahrungsmittel GmbH, you requested a tariff classification ruling. Samples and ingredients breakdowns for two products were submitted. The samples were examined and disposed of. The products are food preparations consisting of dry, uncooked egg noodles blended with a dry sauce mix, packed for retail sale in sealed, laminated foil pouches containing 125 or 130 grams, net weight. Ingredients common to Kase-Spatzle (Cheese Spaetzle Noodles) and Champignon-Spatzle (Spaetzle Noodles with Champignon Sauce) are pasta (76-77 percent), palm oil, wheat flour, starch, monosodium glutamate, lactose, salt, garlic, onions, milk protein, diphosphate, flavoring, turmeric, and citric acid. Other ingredients, depending on variety, include cheese powder, mushroom extract, mushrooms, parsley, pepper, caramel color, mace, and paprika extract. Package instructions direct the user to pour the contents of the pouch into a pan with 550 milliliters of water, bring to a boil, and cook until the liquid has evaporated. The applicable subheading for these two noodle preparations will be 1902.30.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed…or otherwise prepared…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. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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