CLA-2-19:OT:RR:NC:N2:228
Mr. Emmanuel Rain
Frial, Inc.
659 Oak Grove Avenue, Suite 505
Menlo Park, CA 94025
RE: The tariff classification of a frozen meal from France
Dear Mr. Rain:
In your letters dated October 11 and November 26, 2012, you requested a tariff classification ruling.
Ingredients information accompanied your October inquiry. A sample and additional information were provided with your November letter. The sample was examined and disposed of. Trader Joe’s Ricotta & Spinach Tortelloni with Red Pesto is a prepared, single serving frozen quick meal, described to be plump tortelloni filled with spinach and ricotta cheese tossed with zucchini, red bell peppers, cherry tomato halves, and red pesto, composed of 39 percent tortelloni pasta with a filling (ricotta cheese, dehydrated whey, butter, rice flour, sunflower oil, spinach, cheese powder, water, salt, yeast extract, spices), 15 percent zucchini, 15% red bell peppers, 15 percent cherry tomatoes, and 16 percent red pesto sauce (extra virgin olive oil, tomato puree, basil, water, parmesan cheese, sunflower oil, pine nuts, tomatoes, tomato paste, garlic, salt, sweetened lemon puree, sugar, modified starch, paprika extract, and black pepper extract), packaged for retail sale in a tray with plastic film cover containing 10.6 ounces (300 grams), net weight. The product will be ready to serve after heating in microwave or on a stove top.
The applicable subheading for the product will be 1902.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), 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…stuffed pasta, whether or not cooked or otherwise prepared…other…frozen. The rate of duty will be 6.4 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 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