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NY I89066




December 18, 2002

CLA-2-21:RR:NC:2:228 I89066

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Mr. Richard Wohlrab
LE Coppersmith, Inc.
AIOP Bldg. A3W
145 Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of pasta sauces from Italy

Dear Mr. Wohlrab:

In your letter dated December 8, 2002, on behalf of Liberty Richter, Saddle Brook, NJ, you requested a tariff classification ruling.

Samples and photocopies of the product labels were submitted with your letter. The samples were examined and disposed of. The products are tomato-based pasta sauces, put up for retail sale in glass jars containing 290 grams, net weight. Sacla brand Whole Cherry Tomatoes with Peppers is composed of tomatoes, roasted red and yellow peppers, whole cherry tomatoes, red pepper, sunflower seed oil, onions, flavors, olive oil, fructose, parsley, garlic, salt, modified corn starch, and lactic acid. Whole Cherry Tomatoes & Basil consists of tomatoes, whole cherry tomatoes, sunflower seed oil, fructose, garlic, flavors, basil, modified corn starch, salt, and lactic acid. Whole Cherry Tomato Arrabbiata (Whole Cherry Tomatoes & Red Chilli) contains tomatoes, whole cherry tomatoes, water, sunflower seed oil, red pepper, fructose, flavors, garlic, parsley, salt, olive oil, modified corn starch, chili pepper, and lactic acid.

The applicable subheading for these pasta sauces 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 kg. The rate of duty will be 11.6 percent ad valorem. The rate of duty will be unchanged in 2003.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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