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NY M87555




November 6, 2006

CLA-2-21:RR:NC:N2:228 M87555

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

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

RE: The tariff classification of a sauce from Italy

Dear Ms. Bisson:

In your letter dated September 21, 2006 you requested a tariff classification ruling.

An ingredients breakdown and sample were submitted with your letter. Additional information concerning the packaging and use of the product were provided in a letter dated October 17, 2006. The sample was examined and disposed of. Tomato Starter Sauce is a product composed of chopped tomatoes and onion pieces in a red liquid medium, having a strong garlic aroma. It is said to consist of 80 percent tomatoes, 19.9 percent tomato juice, 13 percent water, 2.5 percent onion, 1.5 percent olive oil, and less than one percent, each, of garlic, salt, and calcium chloride. The tomato starter sauce is complete and ready to use in its imported, 390-gram “tetra recart” package, as a basic pasta sauce.

The applicable subheading for this product 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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