CLA-2-19:RR:NC:2:228 D88837

Mr. Steve DeCastro
All-Ways Forwarding Int’l Inc.
Hemisphere Center
U.S. RT 1-9 South
Newark, NJ 07114

RE: The tariff classification of “porridge” from Norway.

Dear Mr. DeCastro:

In two letters dated March 3, 1999, on behalf of Norseland Incorporated, you requested a tariff classification ruling.

Samples and ingredients breakdowns for two ready-to-eat foods were submitted with your letter. The samples were examined and disposed of. “Tine” brand Rommergrout-Sour Cream Porridge is a cream colored, thick creamy mass consisting of 45 percent sour cream, 44.9 percent full cream milk, 10 percent wheat flour, and 0.1 percent salt. Risgrot-Rice Porridge is a cream colored, thick, creamy product consisting of 84.9 percent full cream milk, 15 percent rice and 0.1 percent salt. The ingredients are combined, cooked, filled into plastic trays containing 350 and 450 grams, sealed, cooled, and packaged.

The applicable tariff provision for the Rommergrout-Sour Cream Porridge and Risgrot-Rice Porridge will be 1901.90.2500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations of flour, meal, starch, or malt extract, not containing cocoa...; food preparations of goods of headings 0401 to 0404...not containing cocoa...not elsewhere specified or included...other... puddings ready for immediate consumption without further preparation. The rate of duty will be free.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division