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NY G81360




September 13, 2000

CLA-2-21:RR:NC:2:228 G81360

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Mr. Stephen DeCastro
All Ways Forwarding International, Inc.
701 Newark Avenue Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of sauces from France

Dear Mr. DeCastro:

In your letter dated August 31, 2000, on behalf of World Finer Foods, Inc., you requested a tariff classification ruling.

Samples, ingredients breakdowns, and descriptive literature accompanied your letter. The samples were examined and disposed of. The product is described as Organic Tomato Sauce, prepared in three varieties: lemon, basilic, and Mexican. The lemon sauce is composed of tomatoes, tomato concentrate, onions, sunflower oil, sesame oil, vinegar, herbs, lemon juice, salt, and lemon peel. Basilic sauce is made from tomato puree, tomatoes, onions, basil, herbs, olive oil, sunflower oil, and salt. Mexican sauce consists of tomatoes, corn, onions, sunflower oil, olive oil, vinegar, herbs, cayenne pepper, and salt. The sauces are packed in glass jars containing 250 grams, net weight.

The applicable subheading for these three sauces will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforother tomato saucesotherin containers holding less than 1.4 kg. The rate of duty will be 11.6 percent ad valorem.

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). Some of the samples you 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 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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