CLA-2-19:OT:RR:NC:N2:228
Mr. Robert Rosano
Cargo Tours International, Inc.
167-10 South Conduit Ave. – Suite 106
Jamaica, NY 11434
RE: The tariff classification of various rice preparations from Belgium
Dear Mr. Rosano:
In your letter received by this office on June 25, 2012 you requested a tariff classification ruling on behalf of Pinguinlutosa Foods in Belgium.
Ingredients breakdowns accompanied your letter for five risotto rice preparations. Samples for Mushroom Risotto and Plain Risotto received on June 22, 2012 were examined and disposed of. The Plain Risotto is not part of this ruling request. Mushroom Risotto consists of approximately 42 percent risotto rice, 17 percent mushrooms, 9 percent water, 9 percent nameko, 6 percent fried onions, 6 percent cream, 3 percent girolles, 2 percent mushroom crumbles, 1 percent each of whole milk powder, and farmesan cheese, and less than 1 percent each of corn starch, white wine, flavored vegetable oil, rice starch, mushroom stock, wheat flour, vegetable stock, salt, garlic, mushroom powder, and black pepper. Pea and Asparagus Risotto with Cheese consists of approximately 50 percent risotto rice, 12 percent peas, 9 percent green asparagus, 7 percent each of fried onions, and water, 6 percent cream, 2 percent each of mushroom crumbles, whole milk powder, and farmesan cheese, 1 percent sunflower oil, and less than 1 percent each of corn starch, lemon juice, mushroom powder, salt, garlic, onion powder, and sugar. Spinach & Cheese Risotto consists of approximately 52 percent risotto rice, 22 percent spinach, 9 percent water, 4 percent cream, 3 percent whole milk, 3 percent fried onions, 2 percent whole milk powder, and less than 1 percent each of emmental cheese, farmesan cheese, corn starch, wheat flour, white wine, salt, garlic, rice starch, sugar, vegetable stock, onion powder, and white pepper. Risotto with Cheese consists of approximately 65 percent risotto rice, 20 percent water, 4 percent flavored vegetable oil, 3 percent whole milk, 1 percent each of emmental cheese, red cheddar cheese, and whole milk powder, and less that 1 percent each of salt, corn starch, wheat flour, tomato concentrate, rice starch, sugar, and curcuma. Risotto with Roasted Vegetables consists of approximately 62 percent risotto rice, 7 percent whole milk, 6 percent fried onions, 5 percent grilled zucchini, 5 percent cream, 4 percent each of water, and grilled red peppers, 1 percent farmesan cheese, and less than 1 percent each of flavored vegetable oil, basil, white wine, corn starch, onion powder, garlic, rice starch, salt, yeast extract, sugar, vegetable stock, and white pepper. The products will be imported frozen, packed in sealed clear plastic bags weighing 1.362 kg. (3 lbs.) each, four bags per carton box.
The applicable subheading for the various risotto rice preparations will be 1904.90.0120, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cereals (other than corn (maize)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included…other…frozen. The rate of duty will be 14 percent 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 the 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division