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Customs Ruling of the Week: Classification of Classic Italian Pasta Kit

USA December 21 2020 In ruling HQ H313148 (Dec. 9, 2020), Customs and Border Protection (CBP) discussed the classification of pasta and tomato meal kits. Two of the varieties include: “You Make Me Hot | Spicy Arrabbiata Pasta Kit” (“Arrabbiata Pasta Kit”), “You Make Me Fresh | Classic Italian Pasta Kit” (“Classic Italian Pasta Kit”). As stated in the ruling, the pasta kits include fresh greenhouse grown tomatoes, uncooked pasta, spice packet and an herb-infused oil packet. The Arrabbiata Pasta Kit contains approx. 67% tomatoes, 29% pasta, 2% herb-infused oil, and 1% Arrabbiata spices. The Classic Italian Pasta Kit contains approx. 67% tomatoes, 29% pasta, 2% herb-infused oil, and 2% Italian spices. The user will boil the pasta, prepare the tomatoes and spices into a sauce, and combine all the components.

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