The tariff classification of a cereal blend from Italy

N094835 March 1, 2010 CLA-2-19:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1904.90.0140 Ms. Gloria Chau Trader Joe’s Company P.O. Box 5049 Monrovia, CA 91017 RE: The tariff classification of a cereal blend from Italy Dear Ms. Chau: In your letter dated February 1, 2010 you requested a tariff classification ruling. An ingredients breakdown and illustrative literature accompanied your letter. A sample, submitted under separate cover, was received on February 19, 2010. The sample was examined and disposed of. Trader Giotto’s Three Grains Blend is a mixture three cereal grains – 60 percent parboiled Arborio rice, 20 percent precooked barley, and 20 percent precooked spelt. The mixture is packed for retail sale in a vacuum-sealed plastic pouch in a cardboard box containing 14 ounces net weight. Package instructions direct the consumer to add the blend to boiling, salted water, and to simmer for 12 to 16 minutes. Consumer information on the package suggests the Three Grains Blend may be used as a base for dishes such as risotto, or may be added to soups and salads. In your letter you suggested the product may be classified in subheading 1006.30, Harmonized Tariff Schedule of the United States (HTSUS), the provision for semi-milled or wholly-milled rice. We cannot agree. The product is a mixture of parboiled rice and other precooked grains; it will be classified elsewhere. The applicable subheading for the Three Grains Blend will be 1904.90.0140, HTSUS, which provides for cereals (other than corn (maize)) in grain form or in the form of flakes or other worked grains…, pre-cooked or otherwise prepared, not elsewhere specified or included… other…other…other. The rate of duty will be 14 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