CLA-2-19:OT:RR:NC:N2:228
Ms. Sue Lee
Transgate International, LLC
175-01 Rockaway Blvd.
Jamaica, NY 11434
RE: The tariff classification of noodles from Korea
Dear Ms. Lee:
In your letter dated March 4, 2009 on behalf of Nong Shim America, Inc., you requested a tariff classification ruling.
A description of the manufacturing process and images of the finished good were provided in your letter. Additional information was submitted on March 16, 2009. Hanjo brand Japanese Style Udon Pasta are thick, spaghetti-like noodles made from wheat flour, water, and wheat starch, frozen, and wrapped in a film package containing 44 ounces, net weight. The noodles are made by combining all ingredients into a dough, kneading the dough, allowing it to “ripen”, rolling into a sheet, cutting into strands, boiling the cut noodles, cooling, freezing, and packaging.
The applicable subheading for this product will be 1902.30.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed…or otherwise prepared…other pasta...other…frozen. The rate of duty will be 6.4 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.
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 (CFR Part 134). The illustrations you have provided of this product suggest it may not 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 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