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NY M87337




November 3, 2006

CLA-2-20:RR:NC:2:228 M87337

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9051

Ms. Mary Bisson
Alimentitalia SRL
Via al Ponte dei Vodi, Nr. 70 – Loc. Spini 38100 Trento - Italy

RE: The tariff classification of tomato products from Italy.

Dear Ms. Bisson:

In your letter dated October 1, 2006, you requested a tariff classification ruling.

Samples and ingredients breakdowns for three products were submitted with your letter. Diced Tomatoes with Basil and Olive Oil-Recipe 1 and Diced Tomatoes with Basil and Olive Oil-Recipe 2 each were stated to contain approximately 73 percent tomatoes, 24 percent tomato juice, 1 percent olive oil, 1 percent salt, 0.5-1 percent basil, and less than one percent citric acid. Examination of Recipe 1 and Recipe 2 found very similar products with small irregularly shaped pieces of tomato and chopped basil, in a thin watery liquid. The Diced Tomatoes with Basil and Oregano is stated to contain approximately 74 percent tomatoes, 24 percent tomato juice, 1 percent basil, and less than one percent each of sugar, salt, oregano, and calcium chloride. Examination of this sample found chopped tomatoes, chopped basil and oregano, in a thick red liquid. Each of the products will be imported in 390-gram “tetra recart” boxes.

The applicable subheading for the Diced Tomatoes with Basil and Olive Oil-Recipe 1, Diced Tomatoes with Basil and Olive Oil-Recipe 2, and the Diced Tomatoes with Basil and Oregano, will be 2103.90.9051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefor otherothertomato-based preparations for saucesin containers holding less than 1.4 kg. The rate of duty will be 6.4 percent ad valorem.

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 samples you have submitted do 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.

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 telephone number (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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