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NY J89462





October 10, 2003

CLA-2-21:RR:NC:2:228 J89462

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9091

Mr. Nicolas Guisset
White Toque, Inc.
11 Enterprise Ave. North
Secaucus, NJ 07094

RE: The tariff classification of sauces from France

Dear Mr. Guisset:

In your letters dated September 25, 2003 and September 3, 2003 you requested a tariff classification ruling.

Samples, submitted with your first letter, were examined and disposed of. The products are described as “sliceable sauces,” and are in the form of gelatinous products packed sausage-like in clear plastic sleeves approximately 20 inches long and 2-1/4 inches in diameter. The Ketchup Mustard product is a homogenous, red and brown colored product composed of approximately 34 percent water, 28 percent ketchup, 15 percent tomato puree, 10 percent mustard, 6 percent gelatin, 5 percent sugar, one percent guar gum, and less than one percent each of flavor, salt, carrageenan, spices, and potassium sorbate. The Hamburger Garnishing product (marked “pickle and onion” on the sample) is composed of approximately 55 percent chopped gherkins, 18 percent water, 15 percent onions, 6 percent gelatin, 4 percent sugar, one percent guar gum, and less than one percent each of salt, carrageenan, xanthan gum, and potassium sorbate. The products will be imported in frozen condition, and used by food processors as an ingredient in the production of microwaveable sandwiches.

The applicable subheading for the sliceable sauces will be 2103.90.9091, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.4 percent ad valorem.

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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