N025252

April 8, 2008

CLA-2-19:OT:RR:NC:N2:228

CATEGORY: Classification

TARIFF NO.: 1902.19.2010; 1902.19.2020; 1902.19.2030

Mr. Moe Elshafi

Alba Wheels Up International, Inc.

525 Washington Boulevard

Jersey City NJ 07310

RE: The tariff classification of pasta from Italy

Dear Mr. Elshafi:

In your letter dated March 20, 2008 on behalf of D. Coluccio & Sons,
Inc., Brooklyn, NY, you requested a tariff classification ruling.

A sample was submitted with your letter and is being returned to you, as
requested. The product is "Misura" brand dry, non-egg, whole wheat
pasta. The sample, a 500-gram plastic film retail package of penne
pasta, is said to be composed of durum wheat semolina and fine bran,
fortified with vitamins and iron. Your letter states the imported pasta
may be in a variety of forms, and all packages will weigh 500 grams.

The applicable subheading for the pasta, when subject to the Inward
Processing Regime (IPR), will be 1902.19.2010, Harmonized Tariff
Schedule of the United States (HTSUS), which provides for ...uncooked
pasta, not stuffed or otherwise prepared...other... 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 1902.19.2020 or 1902.19.2030, HTS. In all
cases, the rate of duty will be free. However, this merchandise, non-egg
dry pasta, a product of Italy, may be subject to antidumping and/or
countervailing duties.

A list of AD/CVD proceedings at the Department of Commerce (DOC) and
their product coverage can be obtained from the DOC website at:
http://ia.ita.doc.gov, or you may write to them at the U.S. Department
of Commerce, International Trade Administration, Office of Antidumping
Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC
20230. Written decisions regarding the scope of AD/CVD orders are issued
by the Import Administration in the Department of Commerce and are
separate from tariff classification and origin rulings issued by
Customs.

Importations of pasta, classified in subheadings 1902.19.2010,
1902.19.2020, and 1902.19.2030, HTS, must be accompanied by an EU P1
form (for pasta classified in subheading 1902.19.2010) or EU P2 form
(for pasta classified in subheadings 1902.19.2020 or 1902.19.2030).

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 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division