The tariff classification of gluten-free pasta from Italy

N099303 April 14, 2010 CLA-2-19:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1902.11.2030; 1902.19.2030 Mr. Daniel Cannistra Crowell and Moring 1001 Pennsylvania Avenue Washington, DC 20004 RE: The tariff classification of gluten-free pasta from Italy Dear Mr. Cannistra: In your letter dated March 26, 2010, on behalf of H.J. Heinz Company, you requested a tariff classification ruling. A production flow chart accompanied your letter. The products are dry, uncooked pasta, extruded in a variety of shapes and sizes, made from flours other than wheat, e.g., potato, maize, or carob seed. Three varieties – tagliatelle, sedani, and lasagna – contain eggs; other varieties are said to be egg-free. The pasta products will be imported packaged for retail sale. The applicable subheading for the gluten-free tagliatelle, sedani, and lasagna will be 1902.11.2030, 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…products of a European Union (EU) country…other. The rate of duty will be free. The applicable subheading for the gluten-free pastas not containing eggs 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…products 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/. 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