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NY A87880





October 3, 1996

CLA-2-21:RR:NC:2:228 A87880

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4040

Mr. Glen Loyns
CSP Foods
Box 190
75-33rd Street East
Saskatoon, SK Canada S7K 3K7

RE: The tariff classification of a tomato sauce from Canada

Dear Mr. Loyns:

In your letter dated September 18, 1996 you requested a tariff classification ruling.

A sample accompanied your letter, was examined, and disposed of. The product, called a "tomato based sauce," is a dark red, thick fluid, with a homogenous consistency, packed in a plastic pail weighing 10 pounds, 14 ounces, gross weight. The stated ingredients are 48 percent tomato paste, 48 percent water, and 4 percent sugar and spices. Your letter indicates the primary use for this product is for use on pizzas.

The applicable tariff provision for the sauce will be 2103.20.4040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sauces and preparations therefor...tomato ketchup and other tomato sauces...other... other. The general rate of duty will be 12.9 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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