United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M81713 - NY M81772 > NY M81725

Previous Ruling Next Ruling
NY M81725





March 31, 2006

CLA-2-20:RR:NC:N2:228 M81725

CATEGORY: CLASSIFICATION

TARIFF NO.: 2002.10.0020

Mr. John Cammarano
The Janel Group of New York, Inc.
150-14 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of a tomato product from Italy

Dear Mr. Cammarano:

In your letter dated March 8, 2006, on behalf of Academia Barilla, Parma, Italy, you requested a tariff classification ruling. Your letter was received by this office on March 24, 2006.

A sample, submitted with your letter, was examined and disposed of. The product, Ciliegino Semidried, consists of partially dried cherry tomatoes, sliced in half, in a solution of olive oil, basil, salt, garlic, aroma, and citric acid, packed in a sealed plastic tray measuring 8 inches by 11 inches. The sample weighs 1.068 kilograms in the tray.

The applicable subheading for this product will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acidtomatoes, whole or in piecesin containers holding less than 1.4 kg. The rate of duty will be 12.5 percent ad valorem. However, the Harmonized Tariff Schedule of the United States has been modified by adding in numerical sequence the following superior text and subheading to subchapter III of chapter 99 to the HTS:

Articles the product of France, the Federal Republic of Germany, or Italy:

9903.02.39 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, whole or in pieces (provided for in subheading 2002.10).

Under this provision, the Ciliegino Semidried tomato product from Italy, classified under subheading 2002.10.0020, HTSUS, is subject to a 100 percent ad valorem rate of duty.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 (CFR Part 134). The sample you have submitted does 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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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,

Previous Ruling Next Ruling

See also: