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NY 888032




July 20, 1993

CLA-2-20:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9500; 2103.20.4020

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

RE: The tariff classification of sauces from Italy

Dear Mr. Quinlan:

In your letter dated July 6, 1993, on behalf of Star S.p.A., Milan, Italy, you requested a tariff classification ruling.

Ingredients breakdowns and samples accompanied your letter. The samples were opened, examined, and disposed of. Siciliana (Contadina) Sauce is a food product composed of chopped vegetable pieces, approximately 1/2 to 3/4-inch in length, in a thick tomato concentrate. The stated ingredients are 38 percent tomato juice (8 Bx), 33 percent tomato pulp, 10.5 percent sweet peppers, 3.6 percent "fresh vegetables" (garlic and onion), 2.2 percent starch, 2 percent oil, one percent sugar, one percent salt, and less than one percent each of parsley, water, yeast extract, and spices. Siciliana is packed in a glass jar containing 260 grams. Arrabbiata Sauce has a pulpy consistency and contains no distinguishable vegetable pieces. The ingredients of this product are 66.5 percent tomato pulp, 16.5 tomato concentrate, 5 percent pork belly, 4.5 percent water, 3.6 percent "fresh vegetables," one percent salt, and less than one percent each of starch, sugar, spices, and basil. Bolognese Sauce is a product with a creamy consistency, containing small pieces of beef, but no recognizable vegetable pieces. This product is said to contain 33 percent water, 21.5 percent bovine meat, 14 percent tomato concentrate, 13 percent tomato pulp, 11.5 percent vegetables, 2 percent oil, 1.6 percent starch, 1.2 percent salt, one percent sugar, and less than one percent each lactic acid and spices. Amatriciana Sauce contains many chunks of meat, but no distinguishable vegetable pieces, in a creamy, tomato base. This product is composed of 30 percent tomato pulp, 25.3 percent water, 23 percent pork belly, 10.5 percent tomato concentrate, 6.5 percent onions, 1.6 percent starch, one percent sugar, and less than one percent each of salt, lactic acid, spices and starch extract. Arrabbiata, Bolognese, and Amatriciana Sauces are packed in glass jars containing 250 milliliters.

The applicable subheading for the Siciliana Sauce 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 rate of duty will be 17.5 percent ad valorem.

The applicable subheading for the Arrabbiata, Bolognese, and Amatriciana Sauces will be 2103.20.4020, HTS, which provides for sauces and preparations therefor...other tomato sauces...other...in containers holding less than 1.4 kg. The rate of duty will be 13.6 percent ad valorem.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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