CLA-2-21:OT:RR:NC:N2:228
Mr. Eddie Chan
Snapdragon Foods LLC
2450 Washington Ave, Suite 285
San Leandro, CA 94577
RE: The tariff classification of an instant noodle soup from Vietnam
Dear Mr. Chan:
In your letter dated July 15, 2022, you requested a tariff classification ruling.
An ingredients breakdown, a description of the manufacturing process, a manufacturing flowchart, and samples of the product accompanied your inquiry. The samples were examined and discarded.
The subject merchandise, “Ramen,” is described as a savory broth with authentic ramen noodles that is imported in three different varieties – chicken ramen, miso ramen, and spicy tonkotsu ramen.
Each variety of Ramen consists of a 2.2 oz. duplex paper cup with a microwavable MPET laminated film lid containing the ingredients needed to prepare a soup. The wheat ramen noodles are packed at the bottom of the cup and a sealed plastic pouch encompassing three individually packaged items is placed on top of the noodles. The pouch contains a soup base packet, flavoring oil packet, and a vegetable packet.
Ingredients common to the wheat ramen noodles for all varieties are wheat flour, shortening oil, tapioca starch, potato starch, salt, sodium hexametaphosphate, sodium hydrogen carbonate, mix tocopherol, guar gum, and riboflavin. Ingredients common to the vegetable packet for all varieties are carrot, corn FD, dried green onion, and sesame.
The soup base packet for the chicken ramen variety is said to contain salt, non-dairy creamer, sugar, potato starch, yeast extract, maltodextrin, artificial chicken flavor, shallot powder, miso powder, white radish powder, black pepper powder, ginger powder, caramel powder, citric acid, and silicon dioxide. The soup base packet for the miso ramen variety is said to contain red miso, water, soybean oil, non-dairy creamer, maltodextrin, salt, yeast extract, kelp powder, sugar, soy sauce powder, chili powder, shallot powder, white radish, tuna powder, onion, garlic powder, proviant A, caramel powder, disodium 5 inosinate, disodium, 5 guanylate, potassium chloride, ginger powder, xanthan gum, sesame oil, and citric acid. The soup base packet for the spicy tonkotsu ramen variety is said to contain water, soybean oil, shallot, garlic, non-dairy creamer, salt, sugar, spice powder, soy sauce powder, yeast extract, mushroom powder, sesame oil, glucose, meat stew flavor, proviant A, meat booster flavor, chicken flavor, disodium 5 inosinate, disodium 5 guanylate, fried shallot flavor, and xanthan gum.
The flavoring oil packet for the chicken ramen variety is said to contain soybean oil, garlic, and sesame oil. The flavoring oil packet for the miso ramen variety is said to contain soybean oil and ginger. The flavoring oil packet for the spicy tonkotsu ramen variety is said to contain soybean oil, ginger, and chili oil.
Directions on the packaging information provided for the chicken ramen and spicy tonkotsu ramen varieties (via the use of hot water) instruct the consumer to empty all contents into the cup, pour hot water up to the fill line, close the lid and wait three minutes, subsequent to adding the flavoring oil, stirring, and consuming. For the miso ramen variety, the kettle instructions are the same except to drizzle the oil on last. Microwave instructions for the chicken ramen and spicy tonkotsu ramen varieties instruct the consumer to remove the lid, empty all contents into the cup, pour room temperature water up to the fill line and microwave on high for two and a half minutes. For the miso ramen variety, microwave instructions are the same except to microwave on high for two minutes.
The applicable subheading for the subject merchandise, “Ramen,” will be 2104.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for soup and broths and preparations therefor ... dried. The general rate of duty will be 3.2 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 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