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NY 890751





October 20, 1993

CLA-2-21:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Mr. Liam Quinlan
Dobson & Sinisi
600 Lexington Avenue
New York, NY 10022

RE: The tariff classification of a tomato-based product from Italy

Dear Mr. Quinlan:

In your letters dated September 27, 1993 and July 13, 1993, on behalf of Star S.p.A., Milan, Italy, you requested a tariff classification ruling.

A sample was submitted with your July letter, and an ingredients breakdown accompanied your most recent correspondence. "Boscaiola (lumberjack) Sauce" is a prepared food product composed of water, tomato pulp, mushrooms, ham, tomato concentrate, "fresh vegetables," starch, oil, parsley, salt, lactic acid, and spices, packed for retail sale in glass jars containing 250 milliliters. Examination of the sample found the product to have the appearance of a loose tomato concentrate containing scattered, irregularly shaped mushroom pieces and chunks of meat.

The applicable subheading for the Boscaiola (lumberjack) Sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefor...other tomato sauces... in containers holding less than 1.4 kg. The rate of duty will be 13.6 percent ad valorem.

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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