CLA-2-19:RR:NC:2:228 L83895
Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910
RE: The tariff classification of a noodle and sauce kit from Thailand.
Dear Ms. Spektor Bell:
In your letters dated March 7, 2006, and March 31, 2005, you requested a tariff classification ruling.
A sample accompanied your first letter and a manufacturers production flow chart was submitted with your second letter. The sample was examined and disposed of. The product is a Noodle and Sauce Kit comprised of a plastic coated foil pouch containing peanut sauce and an airtight clear plastic pouch containing cooked and pasteurized noodles, put up in a “Chinese take-out” container. The sauce is composed of 18.21 percent water, 15.87 percent glucose syrup, 13.65 percent coconut milk, 12.18 percent peanut, 10.01 soybean oil, 6.64 percent onion, 6.64 percent bamboo shoot, 6.61 percent sugar, 3.21 percent soy sauce, 2.49 percent artificial chicken flavor, 1.82 percent shallot, 1.13 percent tamarind, and less than one percent each of spices, yeast extract, caramel, salt, garlic, Kaffir lime leaves, and red chili. The cooked noodles consist of 46.8 percent wheat flour, 43.41 percent water, 4.8 percent potato starch, 2.84 percent soy bean oil, 1.32 percent salt, and less than one percent each of lactic acid, acetic acid, sodium lactate, citric acid, beta-carotene, potassium carbonate, turmeric color, sodium carbonate, sodium pyrophosphate, and sodium tripolyphosphate.
The applicable subheading for the Noodle and Sauce Kit will be 1902.30.0020, Harmonized Tariff Schedule of the United States (HTS), 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…canned. The rate of duty will be 6.4 percent ad valorem.
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 telephone number (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