N313628

N313628 August 28, 2020 CLA-2-19:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 1901.90.9195 Mr. George Nunez A Custom Brokerage 2750 NW 84 Avenue Doral, FL 33122 RE: The tariff classification of Precooked Konjac Noodles from China Dear Mr. Nunez: In your letter dated July 30, 2020, you requested a tariff classification ruling on behalf SP Global LLC (Cedar Park, TX). The subject merchandise is precooked noodles in the shapes of lasagna, spaghetti, fettucine, angel hair and rice. The product is composed of konjac flour, tapioca flour, water, and citric acid. The Precooked Konjac Noodles will be imported in retail sized pouches with a content capacity of 270 grams. In your letter, you suggested classification of the merchandise at issue under subheadings 1212.99.9200 and 1902.19.2090. We disagree. Heading 1212 provides for “Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included.” Neither, konjac flour nor tapioca flour are described in the text to the heading nor is the product imported in the forms indicated therein. Heading 1902 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; couscous, whether or not prepared.” The product at issue is not considered pasta of heading 1902, as it is not made from “unfermented products made from semolinas or flours of wheat, maize, rice etc.” The applicable subheading for the Precooked Konjac Noodles will be 1901.90.9195, Harmonized Tariff Schedule of the United States (HTSUS), which provides “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” The rate of duty will be 6.4 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 1901.90.9195, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 1901.90.9195, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 https://hts.usitc.gov/current. 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 the 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division