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NY 856914


Oct 24, 1990

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9500; 2008.99.9090

Ms. Catherine Weeks
Casas International Brokerage, Inc.
6775 Customhouse Plaza, Suite J
Otay Mesa, CA 92073

RE: The tariff classification of salsa from Mexico

Dear Ms. Weeks:

In your letter dated October 1, 1990, on behalf of Ingro, Inc., you requested a tariff classification ruling.

Ingredient breakdowns and samples of two types of salsa were provided. The samples were examined and disposed of. Mild Jalapeno Red Salsa is composed of red tomatoes, water, onions, jalapeno peppers, coriander, salt, citric acid and sodium benzoate. The product has a fairly loose but lumpy consistency, and contains many small pieces of tomato, tomato seeds, onions and peppers. Mild Jalapeno Green Salsa is made from tomatillos, water, jalapeno peppers, onions, coriander, salt, citric acid and sodium benzoate. This product has a very loose consistency and, like the red salsa, contains a large quantity of tomatillo pieces and seeds, peppers and onions. Both salsas are put up in glass jars containing 18 ounces, net weight.

The applicable subheading for the red salsa will be 2005.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables...other. The duty rate will be 17.5 percent ad valorem.

The applicable subheading for the green salsa will be 2008.99.9090, HTS, which provides for fruit...otherwise prepared or preserved...other...other. The rate of duty will be 7 percent ad valorem.

Articles classifiable under subheadings 2005.90.9500 and 2008.99.9090, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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