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NY G85137




December 15, 2000

CLA-2-21:RR:NC:2:228 G85137

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020, 2103.90.9060

Mr. Stephen Marlow
TowerGroup International
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of sauces from Canada.

Dear Mr. Stephen Marlow:

In your letter dated November 30, 2000, on behalf of Borden Foods Corporation, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Classico Creations Sun-Dried Tomato is a thick sauce composed of water, sun dried tomatoes, tomato paste, basil, soybean oil, Parmesan cheese, Romano cheese, garlic, onions, red bell peppers, salt, light olive oil, red wine vinegar, minced onion, sugar, and rosemary extract. The Basil Pesto is a thick sauce consisting of basil, soybean oil, garlic, Romano cheese, extra light olive oil, salt, oregano, Lactic 88%, acid toner, basil flavor, and rosemary extract. The sauces are put up in glass jars containing 10 ounces, net weight.

The applicable subheading for the Sun-Dried Tomato sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefortomato ketchup and other tomato saucesotherin containers holding less than 1.4 kilograms. The rate of duty will be 11.6 percent ad valorem. The rate of duty will be unchanged in 2001.

The applicable subheading for the Basil Pesto sauce will be 2103.90.9060, HTS, which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.4 percent ad valorem. The rate of duty will be unchanged in 2001.

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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