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

Ms. Kathleen M. McGuire
Toyota Tsusho America, Inc.
1300 Post Oak Blvd., Suite 1850
Houston, TX 77056

RE: The tariff classification of dried noodles from China

Dear Ms. McGuire:

In your letter dated May 18, 2010, you requested a tariff classification ruling.

The product is described as dried noodles composed of potato starch (49 percent), soybean milk (31 percent), green mung bean starch (18 percent), “yarn powder” and vitamin E. The noodles will be imported in plastic bags containing 15 grams net weight of pasta and will be repackaged into individual serving Styrofoam cups with a noodle soup mix.

The applicable subheading for the dried noodles will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract…not elsewhere specified or included…other…other. 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 telephone number (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