CLA-2-19:OT:RR:NC:N2:228
Ms. Tanja Wendl
Glaseritalia GmbH
Mondseer Strasse 14
Strasswalchen, 5204
Austria
RE: The tariff classification of tagliatelle from Italy
Dear Ms. Wendl:
In your letter dated November 8, 2012, you requested a tariff classification ruling.
An ingredients breakdown and images of the product accompanied your inquiry. Additional information was provided via an email message dated November 12, 2012. Tagliatelle is said to be a dry, uncooked egg pasta, composed of durum wheat semolina and fresh eggs (approximately 33 percent), 4 - 8 millimeters in width. The product is formed to a nest, and packed for retail sale in a container weighing 250 grams (8.8 ounces).
The applicable subheading for the pasta, when subject to the Inward Processing Regime (IPR), will be 1902.11.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed … uncooked pasta, not stuffed or otherwise prepared … containing eggs … exclusively pasta … product of a European Union (EU) country … subject to the Inward Processing Regime (IPR). When the imported pasta is subject to the EU reduced export refund in accordance with the US-EU Pasta agreement, the applicable subheadings will be 1902.11.2020 or 1902.11.2030, HTSUS. In all cases, the rate of duty will be free.
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/.
Importations of pasta, classified in subheadings 1902.11.2010, 1902.11.2020, and 1902.11.2030, HTSUS, must be accompanied by an EU P1 form (for pasta classified in subheading 1902.11.2010) or EU P2 form (for pasta classified in subheadings 1902.11.2020 or 1902.11.2030).
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division