CLA-2-15:S:N:N7:228
Mr. Egidio Reale
P.O. Box 1170
San Juan, PR 00902-1170
RE: The tariff classification of olive oil and dried pasta, from
Italy
Dear Mr. Reale:
In your letter dated February 5, 1993, on behalf of
Itarica, you requested a tariff classification ruling.
Three samples accompanied your letter, were examined and
disposed of. The sample identified as "Bompensa" brand cold-
pressed extra-virgin olive oil was put up in a 500 milliliter
glass bottle, packed in a cardboard box. Your letter indicates
the oil may also be packed in bottles containing 750 and 1000
milliliters, or in 3 and 5-liter tin containers. Two samples of
uncooked, dried spaghetti were submitted. One variety was made
from durum wheat semolina, the other from a mixture of wheat and
rye flours. Other varieties of pasta you plan to import may be
composed of similar blends of cereal flours, or blends of cereal,
soy, and vegetable flours, and may be in a variety of shapes and
forms. All pastas will be packed in clear cellophane packages,
containing 500 grams, net weight.
The applicable subheading for the olive oil will be
1509.10.2000, Harmonized Tariff Schedule of the United States
(HTS), which provides for olive oil and its fractions, whether
or not refined, but not chemically modified...virgin...weighing
with the immediate container under 18 kg.. The rate of duty will
be 5 cents per kilogram on the contents and container.
The applicable subheading for the dried pasta will be
1902.19.2000, HTS, which provides for pasta...uncooked...not
stuffed or otherwise prepared...other...exclusively pasta. The
rate of duty will be free.
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 (19 CFR Part 134). Some of 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
Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is imported.
If the documents have been filed without a copy, this ruling
should be brought to the attention of the Customs officer
handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport