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NY A86358




August 28, 1996

CLA-2-21:RR:NC:FC:228 A86358

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Ms. Frances Fioravanti
Parmalat U.S.A. Corporation
60 Oxford Drive
Moonachie, New Jersey 07074

RE: The tariff classification of marinara sauce from Italy.

Dear Ms. Fioravanti:

In your letters dated July 9, 1996, and July 30, 1996, you requested a tariff classification ruling.

An ingredients breakdown and a sample were submitted with your first letter. "Parmalat Marinara Sauce" consists of 77.42 percent strained tomatoes, 14 percent tomato concentrate, 3 percent chopped onions, 3 percent olive oil, 1.1 percent salt, and less than one percent each of garlic, sugar, parsley, oregano, other spices, and flavoring. The sample has a pulpy consistency with many pieces of tomato, onion, garlic and spices. The product is pasteurized and aseptically packed in retail cartons.

The applicable subheading for the marinara sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefor... tomato ketchup and other tomato sauces...other...in containers holding less than 11.4 kilograms. The rate of duty will be 12.6 percent ad valorem.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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