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NY M84053




June 14, 2006

CLA-2-21:RR:NC:N2:228 M84053

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of sauces from Italy

Dear Ms. Mollinary:

In your letter dated June 2, 2006 you requested a tariff classification ruling.

Ingredients breakdowns, copies of the product labels, and three samples were provided with your inquiry. The samples were examined and disposed of. The products are prepared, ready to use, tomato-based pasta sauces, put up for retail sale in glass jars containing 420 grams, net weight. Whole Cherry Tomato & Chilli Pasta Sauce (Arrabbiata), Classic Tomato and Barbera Red Wine Pasta Sauce (Bolognese), and Whole Cherry Tomato & Basil Pasta Sauce (Napoletana) are similar in appearance. All are thick, pulpy, oily, red-colored products containing scattered pieces of chopped, unrecognizable vegetables. Ingredients common to all are “tomato chunks” (i.e., diced tomatoes, tomato juice), tomato concentrate, onions, carrots, garlic, celery, olive oil, modified starch, and lactic acid. Other ingredients, depending on variety, are whole cherry tomatoes, sunflower seed oil, Barbera red wine, fructose, salt, parsley, chili pepper, black pepper, rosemary, and bay leaf.

The applicable subheading for these three products will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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/.

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,

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