CLA-2-19:OT:RR:NC:N4:228

Ms. Ashley Hong
Nissin International Transport U.S.A., Inc.
1540 West 190th Street
Torrance, CA 90501

RE: The tariff classification of chuka soba from China

Dear Ms. Hong:

In your letter dated April 12, 2016, you requested a tariff classification ruling on behalf of Wismettac Asian Foods, Inc., CA.

An ingredients breakdown, and a manufacturing process flow chart accompanied your inquiry. Chuka Soba is said to be a Japanese style noodle, and is said to contain approximately 89 percent wheat flour, 10 percent water, 1 percent salt, and 0.16 percent turmeric. The product can be prepared in one of three ways. It can be boiled for one to two minutes in a ramen soup and served. It can be boiled for one to two minutes in hot water, drained and fried in oil with separately prepared meat, seafood and vegetables. It can be boiled, drained, cooled, and served with sesame seed oil or soy sauce garnished with grated ginger, sliced onions for more taste. The applicable subheading for the chukka soba will be 1902.19.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for uncooked pasta, not stuffed or otherwise prepared . . . other . . . exclusively pasta . . . product of a country other than an EU country. The general rate of duty will be free.

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 https://hts.usitc.gov/current.

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.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division