CLA-2-19:S:N:N7:228
Mr. Liam Quinlan
Dobson & Sinisi
600 Lexington Ave
New York, NY 10022
RE: The tariff classification of tortellini from Italy
Dear Mr. Quinlan:
In your letter dated May 4, 1993, on behalf of Star S.p.A.,
Milan, Italy, you requested a tariff classification ruling.
An empty container of one product, and photocopies of the packages for
two others, accompanied your letter. The products are three varieties of
tortellini, a prepared food consisting of pasta made from durum wheat
semolina and eggs, rolled around a meat, cheese, or mushroom filling. The
pasta to filling ratio is said to be 70/30. After filling, the tortellini
is heat treated, oven dried, and packed in an airtight plastic pouch
containing 250 grams, net weight.
The applicable subheading for the tortellini will be 1902.20.0060,
Harmonized Tariff Schedule of the United States (HTS), which provides for
stuffed pasta, whether or not cooked or otherwise prepared...other. The
rate of duty will be 10 percent ad valorem.
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).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport