CLA-2-19:OT:RR:NC:N2:228

Mr. Robert Rosano
Cargo Tours International, Inc.
167-10 South Conduit Ave. – Suite 106
Jamaica, NY 11434

RE: The tariff classification of a rice preparation from Belgium

Dear Mr. Rosano:

In your letter dated June 19, 2012 you requested a tariff classification ruling on behalf of Pinguinlutosa Foods in Belgium.

An ingredients breakdown accompanied your letter. Risotto Pomodore consists of approximately 56 percent risotto rice, 14 percent tomato, 6 percent fried onions, 4 percent cream, 4 percent whole milk, 4 percent tomato concentrate, 3 percent water, 2 percent formesan cheese, 1 percent onions, 1 percent basil, and less than one percent each of sugar, olive oil, corn starch, garlic, salt, vegetable stock, rice starch, and white pepper. The product will be imported frozen, packed in sealed clear plastic bags weighing 1.362 kg. (3 lbs.) each, four bags per carton box.

The applicable subheading for the risotto pomodore will be 1904.90.0120, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cereals (other than corn (maize)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included…other…frozen. The rate of duty will be 14 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 the 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division