CLA-2-19:OT:RR:NC:N2:228
Ms. Enza Cianciotta
Flavour Revolution Inc.
2770 Dufferin Street, Unit 221
Toronto, Ontario M6B 3R7
Canada
RE: The tariff classification of gluten-free pasta from Italy.
Dear Ms. Cianciotta:
In your letter dated June 21, 2022, you requested a tariff classification ruling.
An ingredients breakdown, description of the manufacturing process, manufacturing flowchart, and pictures of the products accompanied your inquiry.
The subject “gluten-free pasta,” is described as “dry, uncooked pasta, extruded in a variety of shapes and sizes, made from flours other than wheat.” Specifically, each variety of “gluten-free pasta” are referred to as follows: 1) “Gluten-free Red Lentil Fusilli;” 2) “Gluten-free Chickpea Gnocchetti;” 3) “Gluten-free Green Pea Penne;” 4) Gluten-free Rice & Corn Penne;” 5) Gluten-free Rice & Corn Tagliatelle;” and 6) Gluten-free Rice & Corn Gnocchetti.”
Gluten-free Red Lentil Fusilli is said to be made from 100 percent red lentil flour. Gluten-free Chickpea Gnocchetti is said to be made from 100 percent chickpea flour. Gluten-free Green Pea Penne is said to be made from 100 percent green pea flour. Gluten-free Rice & Corn Penne, and Gluten-free Rice & Corn Tagliatelle are said to be made from 80 percent rice flour and 20 percent corn flour. Gluten-free Rice & Corn Gnocchetti is said to be made from 98 percent rice flour and 2 percent turmeric powder.
The processing of the “gluten-free pasta” is described as follows: milled certified organic gluten-free flour for each variety is mixed with water into a smooth dough by professional pasta machines. Once the dough has the desired consistency, the machine extrudes the paste through bronze dies, and the shapes are formed and cut to size automatically by the machines. These shaped and cut forms are placed into drying frames, that are then stacked into a frame holder that leaves the correct amount of space above and below for air flow, and they are wheeled into a drying machine. The drying machine operates at a temperature of between 35 and 50 degrees Celsius, and the pasta is dried for approximately 20 to 24 hours. The “gluten-free pasta” is packaged into fully sealed bags and boxes of 227 grams (8 oz) for retail sale. Directions on the product label instruct the consumer to bring 2 liters of salted water to a boil subsequent to adding pasta, stirring frequently, and cooking for 7 to 9 minutes.
The applicable subheading for the “gluten-free pasta,” will be 1902.19.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed… uncooked pasta…other…exclusively pasta…product of a European Union (EU) country…other. 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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division