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NY K80406




November 4, 2003

CLA-2-16:RR:NC:2:231 K80406

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.20.1000; 2005.90.9700

Mr. Richard Wohlrab
LE Coppersmith, Inc.
145 Hook Creek Boulevard, Building A3W
Saddle Brook, NJ 07663

RE: The tariff classification of anchovy paste and garlic paste from Italy.

Dear Mr. Wohlrab:

In your letter, dated October 28, 2003, you requested a tariff classification ruling.

The merchandise is described thus:

1. Amore® brand “Italian Anchovy Paste.” The ingredients are anchovies, olive oil, sunflower oil, and salt. The product is packed in a metal tube. The net weight is 1.58 ounces. 2. Amore® brand “Italian Garlic Paste.” The ingredients are garlic, vegetable oil (olive oil and sunflower oil), salt, and sulfur dioxide. The product is packed in a metal tube. The net weight is 3.15 ounces.

The applicable subheading for anchovy paste (item 1) will be 1604.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, other prepared or preserved fish, other, pastes. The rate of duty will be free.

The applicable subheading for the garlic paste (item 2) will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetablesother. The rate of duty will be 11.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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