CLA-2-19:OT:RR:NC:2:228
Ms. Jessica Rowe
Blue Q Corporation
103 Hawthorne Avenue
Pittsfield, MA 01201
RE: The tariff classification of instant ramen noodle soup from China
Dear Ms. Rowe:
In your letters dated September 9, 2010 and September 23, 2010, you requested a tariff classification ruling.
An ingredients statement, illustration of the chicken flavor ramen noodle soup package and a sample accompanied your first letter. The sample was examined and disposed of.
“Ramen Noodle Soup” consists of flat dried noodles and a pouch of a powdered soup base. The soup base packet will be prepared in four different flavors: Chicken, Shrimp, Spicy Beef and Spicy Vegetable. The product is put up for retail sale in a package containing 3 ounces (85 grams), net weight.
The declared ingredients for the noodles are wheat flour, palm oil, salt, sugar, guar gum, garlic powder. The manufacturing process for the noodles was described in your second letter. The ingredients are mixed, rolled and cut into strips, steamed and cut into blocks, deep fried and air cooled, and packaged with different flavor soup base packets. Package instructions direct the user to bring 2 cups of cold water to a boil, insert the noodles and cook for 2-3 minutes until noodles are tender and separated, then remove from heat, add soup base to noodles and stir.
The applicable subheading for all four instant “Ramen Noodle Soup” products will be 1902.30.0060, 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 … other pasta…other…other. The rate of duty will be 6.4% 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 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 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