The tariff classification and country of origin of gluten-free pasta from Italy

N086590 December 22, 2009 CLA-2-19:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095; 1902.19.2030 Mr. Martin Behr 126-78th Street North Bergen, NJ 07047 RE: The tariff classification and country of origin of gluten-free pasta from Italy Dear Mr. Behr: In your letter dated November 25, 2009, on behalf of Quattrobimbi Imports, Inc., Rye Brook, NY, you requested a tariff classification and country of origin marking ruling. Illustrative literature and four samples were submitted with your letter. Additional information was provided via email transmission on December 14, 2009. The samples were examined and disposed of. The products are dry, uncooked, wheat-free macaroni products in a variety of shapes, packed for retail sale. BiAglut brand spaghetti is composed of corn starch (75 percent), potato flour, lupin flour, lupin proteins, and mono and diglycerides of fatty acids, put up in a plastic film sleeve containing 500 grams, net weight. BiAglut brand egg lasagne (sic.) consists of corn starch (78 percent), eggs (25 percent), potato flour, skimmed milk powder, milk proteins, thickeners, and dextrose. BiAglut brand tagliatelle contains corn starch (55 percent), tapioca starch, eggs (24 percent), milk proteins, carrot pulp, carob seed flour, and salt. The lasagne and tagliatelle are wrapped in clear plastic film, in cardboard boxes containing 250 grams, net weight. Le Veneziane brand penne, put up in a plastic film-wrapped cardboard tray holding 250 grams, net weight, is a pasta product made from corn flour and water. The applicable subheading for the BiAglut spaghetti, lasagne, and tagliatelle will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract…other…other…other. The rate of duty will be 6.4 percent ad valorem. The applicable subheading for the Le Veneziane penne will be 1902.19.2030, 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…other. 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/. The above-described non-wheat-based macaroni products will not be subject to the documentation requirements of the Inward Processing Regime. 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. You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). 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://www.cbp.gov (click on “Import” and “AD/CVD”). The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. In your letter, you state the importer proposes to mark the products with an adhesive label measuring approximately 0.5 x 1.25 inches, placed in a conspicuous, albeit unidentified, location on the retail packages. A sample of the label was provided with your letter. The label will be white in color, on which will be printed “PRODUCT OF ITALY” in bold, black, upper case letters. The proposed marking of the imported macaroni products, as described, is conspicuous, legible and permanent, satisfying the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It is an acceptable country of origin marking.. 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