CLA-2-19:OT:RR:NC:2:228
Ms. Gloria Chau
Trader Joe’s Company
P.O. Box 5049
Monrovia, CA 91017
RE: The tariff classification of gnocchi from Italy
Dear Ms. Chau:
In your letters dated July 15, 2010, and July 30, 2010, you requested a tariff classification ruling.
A product description, illustration, and breakdown of ingredients accompanied your letter. Additional information was submitted with your second letter. Sweet Potato Gnocchi with Butter & Sage is a cooked food preparation composed of 33.4 percent mashed sweet potato, 18.9 percent soft wheat flour, 16.7 percent mashed potato, 10.9 percent butter, 7.3 percent water, 5.9 percent eggs, 2.3 percent mashed pumpkin, 1.4 percent sunflower oil, 1.1 percent Grana Padano Cheese, and less than 1 percent each of sugar, salt, sage, and sesame. The product is being imported frozen and is sealed in a clear plastic pouch containing 400 grams net weight, packaged for retail sale.
In your letter, you suggest a tariff classification of 1902.30.0040, Harmonized Tariff Schedule of the United States (HTSUS), as other frozen pasta. Based on the product ingredients, composition and method of production, the gnocchi will be classified elsewhere.
The applicable subheading for this product will be 2106.90.9995, HTSUS, which provides for food preparations not elsewhere specified or included…other…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 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