The tariff classification of pasta from Italy

N238353 February 25, 2013 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1902.11.2010; 1902.11.2020; 1902.11.2030 Ms. Sylvia Lang Glaseritalia GmbH Mondseer Strasse 14 Strasswalchen, 5204 Austria RE: The tariff classification of pasta from Italy Dear Ms. Lang: In your letter dated February 11, 2013, you requested a tariff classification ruling. Descriptive literature accompanied your inquiry. Additional information was provided via an email message dated February 22, 2013. The product is said to be a dry, uncooked, unstuffed, egg pasta in different shapes, composed of durum wheat semolina and eggs (20 percent), packed in transparent stand-up pouches weighing 500 grams each. The applicable subheading for the pasta, when subject to the Inward Processing Regime (IPR), will be 1902.11.2010, 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 … containing eggs … 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 1902.11.2020 or 1902.11.2030, 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 1902.11.2010, 1902.11.2020, and 1902.11.2030, HTSUS, must be accompanied by an EU P1 form (for pasta classified in subheading 1902.11.2010) or EU P2 form (for pasta classified in subheadings 1902.11.2020 or 1902.11.2030). 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