NY N339572: The tariff classification of Rice Vermicelli from Vietnam

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

N339572 

May 10, 2024 

CLA-2-19:OT:RR:NC:N5:231

CATEGORY: Classification

TARIFF NO.: 1901.90.9195

Ms. Margaret Panayiotou
Metro Customs Brokers
One Lincoln Boulevard
Suite No. 202
Rouses Point, NY 12979

RE: The tariff classification of Rice Vermicelli from Vietnam

Dear Ms. Panayiotou:

In your letter dated April 16, 2024, you requested a tariff classification ruling on behalf of your client, I-D Foods USA Corporation (Plattsburgh, NY).  A product label with ingredients breakdown was submitted with your letter.

The subject merchandise is Rice Vermicelli composed of rice starch, water, and salt. The Rice Vermicelli will be packed and shipped to the United States in boxes with a net weight of 10.5 ounces.

You have suggested classification in subheading 1902.19.2090, Harmonized Tariff Schedule of the United States (HTSUS).  We disagree.  Heading 1902 provides for unfermented products made from semolinas or flours of wheat, maize, rice, potatoes, etc.  Such semolinas or flours (or intermixtures thereof) are first mixed with water and kneaded into a dough which may also incorporate other ingredients (e.g., very finely chopped vegetables, vegetable juice or purées, eggs, milk, gluten, diastases, vitamins, coloring matter, flavoring).  The product at issue is not considered a pasta of heading 1902, as described herein.

The applicable subheading for the Rice Vermicelli will be 1901.90.9195, HTSUS, which provides for: “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.

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 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 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 and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov.

Sincerely, 

Steven A. Mack 
Director 
National Commodity Specialist Division