CLA-2-19:OT:RR:NC:N2:228
Mr. Derek Weaver
West Forwarding Services
17851 Jefferson Park Road
Middleburg Heights, OH 44130
RE: The tariff classification of pasta from Slovenia
Dear Mr. Weaver:
In your letter dated October 13, 2022, you requested a tariff classification ruling on behalf of your client, NVISION USA LLC, OH.
Ingredients breakdowns, a manufacturing flowchart, and pictures of five products were submitted with your letter.
The subject merchandise is described as organic vegan pasta in a variety of shapes and sizes. The products are said to have a high protein content that is suitable for athletes or anyone who avoids gluten or is gluten intolerant. The first product, “Red Lentils Fusilli,” is said to contain organic red lentil flour. The second product, “Green Peas Fusilli,” is said to contain organic green pea flour. The third product, “Black Beans Fusilli,” is said to contain organic black bean flour. The fourth product, “Buckwheat Flowers,” is said to contain buckwheat flour. The fifth product, “Spelt Fusilli,” is said to contain wholemeal spelt flour and spelt flour.
The processing of the organic vegan pasta for all varieties is described as follows: Upon receipt of the flour, the flour products are stored, weighed, mixed with water, sent through an extruder, put on plates, dried, packaged, and stored at ambient temperature until they are transported to the designated buyer. Directions on the product website at https://barbiosorganic.com/collections/best-deals instruct the consumer to cook for 2-4 minutes until al-dente. The products are packaged in cartons of forty 10.79-ounce plastic retail bags, 28.88 pounds, net weight.
The applicable subheading for the organic vegan pasta products, when subject to the Inward Processing Regime (IPR), will be 1902.19.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed … uncooked pasta, not stuffed or otherwise prepared … other … exclusively pasta … product of a European Union (EU) country … subject to the Inward Processing Regime (IPR). When the imported pasta is subject to the EU reduced export refund in accordance with the US-EU Pasta agreement, the applicable subheadings will be 1902.19.2020 or 1902.19.2030, HTSUS. In all cases, the general rate of duty will be free.
Importations of pasta, classified in subheadings 1902.19.2010, 1902.19.2020, and 1902.19.2030, HTSUS, must be accompanied by an EU P1 form (for pasta classified in subheading 1902.19.2010) or EU P2 form (for pasta classified in subheadings 1902.19.2020 or 1902.19.2030).
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