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NY F85327

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May 3, 2000

CLA-2-20:RR:NC:2:228 F85327

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.5590, 2103.20.4020, 2103.90.8000, 2103.90.9060

Mr. Jeff Zadow
Hormel Foods Corporation
1 Hormel Place
Austin MN 55912-3680

RE: The tariff classification of peppers, salsa, a condiment and sauces from Mexico.

Dear Mr. Zadow:

In your letter dated April 3, 2000, you requested a tariff classification ruling.

Seven samples submitted with your letter were examined and disposed of. Herdez brand Salsa Ranchera is a thick sauce composed of tomato puree jalapeno peppers, vinegar, ancho peppers, onions, cascabel peppers, garlic, salt, cottonseed oil, bay leaves, and spices. Dona Maria brand Adobo Mexican Condiment consists of an oily paste consisting of soybean oil, chili peppers, crackers (wheat flour, salt, and corn starch) sesame seeds, peanuts, sugar, salt, and natural flavors. Herdez brand Salsa Verde is a green colored, thin, gelatinous sauce with many seeds containing tomatillos, onions, serrano peppers, salt, and cilantro. Bufalo brand Chipotle Mexican Hot Sauce is a brown colored, watery sauce consisting of water, distilled vinegar, chili peppers, salt, sugar, caramel color, spices, less than one percent sodium benzoate, and color. Bufalo brand Jalapeno Mexican Hot Sauce is a red colored watery sauce containing water, carrots, distilled vinegar, chili peppers, sugar, salt, carob bean gum, and less than one percent sodium benzoate, spices, and color. The Salsa Casera, Salsa Ranchera, and Salsa Verde are put up in cans containing 7 ounces, net weight. The Adobo Mexican Condiment is put up in a glass jar with a metal cover containing 8.25 ounces, net weight. The Chipotle and Jalapeno Mexican Hot Sauces are put up in glass bottles containing 5.8 ounces and 5.5 ounces.

The applicable subheading for the Salsa Casera and Salsa Ranchera will be 2103.20.4020 HTS, which provides for sauces and preparations therefortomato ketchup and other tomato saucesotherin containers holding less than 1.4 kg. The rate of duty will be 11.6 percent ad valorem.

The applicable subheading for the Adobo Mexican Condiment will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Chipotle Mexican Hot Sauce, Jalapeno Mexican Hot Sauce, and Salsa Verde will be 2103.90.9060, HTS, which provides for sauces and preparations therefor otherotherother. The rate of duty will be 6.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Herdez brand Chipotles. Your request for a classification ruling should include another sample of this product. The sample submitted with your letter was examined and disposed of. An additional sample will be required for laboratory analysis.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2005.90.55 - Fruits of the genus Capsicum or Pimenta, not pimientos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
• Tariff No.: 2103.20.40 - Tomato sauces, nesi
• Tariff No.: 2103.90.80 - Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21
• Tariff No.: 2103.90.90 - Sauces and preparations therefor, neosi