CLA-2-19:OT:RR:NC:2:228
Ms. Francesca Lugli
Grandi Pastai Italiani SpA
Via S. Orsola 2/A
Correggio, 42015, Italy
RE: The tariff classification of potato gnocchi from Italy
Dear Ms. Lugli:
In your letter dated August 4, 2010 you requested a tariff classification ruling.
A product description, breakdown of ingredients and illustration was submitted with your letter. Emilia brand Potato Gnocchi is described as uncooked potato dumplings composed of 56 percent water, 16.3 percent wheat flour, 13.9 percent dehydrated potatoes, 9 percent potato starch, 3 percent rice flour, 1 percent salt, and less than 1 percent each of lactic acid, emulsifiers, potassium sorbate, spices, and natural flavors. Preparation instructions state the gnocchi must be boiled in salted water for 6 to 7 minutes prior to consumption. The product is imported packed for retail sale in clear plastic film bags containing 500 grams net weight.
The applicable subheading for the potato gnocchi will be 1902.19.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni…uncooked pasta, not stuffed or otherwise prepared…other…exclusively pasta…product of a European Union (EU) Country…other. The 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 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