CATEGORY: Classification s202

NY 811061 June 29, 1995

CLA-2-19:S:N:N7:228 811061

CATEGORY: Classification

TARIFF NO.: 1902.19.2000; 2103.90.7800; 2106.90.9999; 7013.39.6000

Ms. Mary Bisson Alimentitalia SRL 38014 Trento Sobb. Gardolo Italy loc. Spini n. 161/27

RE: The tariff classification of pasta, a rice preparation, flavored oil and glassware from Italy.

Dear Ms. Bisson:

In your letter dated May 29, 1995 you requested a tariff classification ruling.

An ingredients breakdown and a sample of four products was submitted with your letter. The samples were examined and disposed of. Gnocchi, a soft, dumpling-like pasta product, is composed of water, granular wheat flour, potato meal and flakes (equivalent to 40% fresh potatoes), potato starch, milk, corn starch, salt, flavors, sorbic acid, tartaric acid, guar seed flour and rice flour. It is packed in an airtight plastic pouch containing 500 grams, net weight. The "garlic infused oil" is a clear yellow liquid, said to be composed of extra virgin olive oil, flavored with garlic, and packed in a tapered glass bottle containing 250 ml. It is used to add flavor to foods while cooking. Three types of risotto, a rice-based food preparation, contain uncooked parboiled rice, beetroot broth flavoring extract, rice cream, dehydrated cream, dehydrated onion and table salt. Risotto with Asparagus also contains dehydrated asparagus and spinach. Risotto with Saffron contains tumeric, pepper and saffron. Risotto with Porcini Mushrooms contains dehydrated mushrooms, celery and tomato. The blended dry ingredients are packed in a sealed pouch containing 175 grams. Preparation involves pouring the contents of the pouch into one half liter of cold water, then boiling for fifteen minutes until the water is completely absorbed. The product called Condiidea is a round glass bottle measuring approximately 7 inches high and 2-3/8 inches in diameter, with two corked spouts. There is a separate molded glass chamber within the bottle filled with 110 ml of Modena balsamic vinegar. The remainder of the bottle is filled with 250 ml of extra virgin olive oil. The glass bottle is valued at more than five dollars. Condiidea is used for serving and storing vinegar and oil. The applicable subheading for the Gnocchi will be 1902.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta...uncooked...not stuffed or otherwise prepared... other...exclusively pasta. The rate of duty will be free.

The applicable subheading for the garlic infused oil will be 2103.90.7800 Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings ...other...other...mixed condiments and mixed seasonings... other. The rate of duty will be 7.3%.

The applicable subheading for the Risotto will be 2106.90.9999, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 9.4 percent ad valorem.

The applicable subheading for the Condiidea will be 7013.39.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table or kitchen purposes...other...other...other...valued over $5 each. The rate of duty will be 7.2%.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire Area Director New York Seaport