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NY N003303




December 12, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9091

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of sauces from China.

Dear Mr. Gat:

In your letter dated October 26, 2006, you requested a tariff classification ruling.

A sample, ingredients breakdowns, and pictorial literature were submitted with your letter. The sample was examined and disposed of. Item no. BBQ-221669 Hot Sauce FD PDQ is a collection of sauces in 125 ml fire hydrant-shaped glass bottles measuring approximately 6-1/4 inches tall and 1-1/2 inches in diameter. The green-colored Mild Fire F.D. Hot Sauce consists of 59.97 percent water, 20 percent chopped hot chili pepper, 10 percent sugar, 3 percent salt, 2 percent acetic acid, 1.5 percent modified starch, 1.5 percent garlic powder, one percent onion powder, and less than one percent each of chlorophyl, citric acid, caramel color, and preservatives. The red-colored Camp Fire F.D. Hot Sauce contains 49.52 percent water, 30 percent chopped chili pepper, 10 percent sugar, 3 percent salt, 2 percent each of acetic acid, garlic powder, and sweet pepper powder, one percent onion powder, and less than one percent each of xanthan gum, citric acid, and preservatives. The orange-colored Wild Fire F.D. Hot Sauce consist of 41.82 percent water, 35 percent chopped hot chili peppers, 10 percent sugar, 3 percent salt, 3 percent chili powder, 2 percent garlic powder, 2 percent acetic acid, 1.8 percent turmeric powder, one percent onion powder, and less than one percent each of citric acid, xanthan gum, preservatives, and sodium meta bisulfite. The sauces and brush are retail packed in a cardboard tray containing four of each type sauce.

The applicable subheading for the Mild Fire, Camp Fire, and Wild Fire F.D. Hot Sauces will be 2103.90.9091, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for sauces and preparations therefor otherotherother. The rate of duty will be 6.4 percent.

The applicable subheading for the brush will be 9603.90.8050, HTSUS, which provides for other brushes. The rate of duty will be 2.8% 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/.

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 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 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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