CLA-2-19:S:N:N7:228 805740
Mr. Richard Huang
Namchow (Thailand) Ltd.
26 Sukhumvit 18
Bangkok 10110 Thailand
RE: The tariff classification of instant noodle preparations
from Thailand
Dear Mr. Huang:
In your letter dated December 12, 1994 you requested a
tariff classification ruling.
Samples, ingredients breakdowns, and descriptions of the
manufacturing processes for five products accompanied your
letter. The samples were examined and disposed of. Each
product consists of a styrofoam cup with a foil lid, containing
dried, pre-cooked (i.e., steamed and fried) noodles, and sealed
packets containing powder condiments and paste condiments. In
addition, "Little Cook Stewed Pork Premium Instant Noodle"
contains a vacuum pouch of green mustard pickles, and a retort
pouch containing pork in a sauce. "Little Cook Spicy Beef
Premium Instant Noodle" contains a retort pouch of beef in sauce,
and fermented sour mustard in a vacuum pouch. "Little Cook Curry
Beef Premium Instant Noodle" contains a retort pouch of beef in
sauce. "Little Cook Curry Chicken Premium Instant Noodle"
contains a retort pouch of chicken in sauce. "Little Cook Stewed
Beef Premium Instant Noodle" contains a retort pouch of beef in
sauce.
The applicable subheading for the instant noodle
preparations will be 1902.30.0060, Harmonized Tariff Schedule of
the United States (HTS), which provides for pasta...whether or
not cooked or stuffed...other pasta...other...other. The duty
rate will be 9.4 percent ad valorem.
Articles classifiable under subheading 1902.30.0060, HTS,
which are products of Thailand are entitled to duty free
treatment under the Generalized System of Preferences (GSP) upon
compliance with all applicable regulations.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The samples you
have submitted do not appear to be properly marked with the
country of origin. You may wish to discuss the matter of country
of origin marking with the Customs import specialist at the
proposed port of entry.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
Sincerely,
Jean F. Maguire
Area Director
New York Seaport