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NY N010920




May 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Mr. Octavio Cardoso
Westchester International Corp.
5491 University Drive
Coral Springs, FL 33067

RE: The tariff classification of a sauce from Brazil

Dear Mr. Cardoso:

In your letter dated May 7, 2007, on behalf of Fazenda & Casa Industria e Comercio de Alimentos Ltda., you requested a tariff classification ruling.

Organic Tomato Sauce is described as a ready to use sauce composed of tomatoes, onion, garlic, parsley, chives, salt, and sugar. The sauce will be put up for retail sale in glass jars containing 330 grams, net weight.

The applicable subheading for the Organic Tomato Sauce 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 duty rate will be 11.6 percent ad valorem.

Articles classifiable under subheading 2102.20.4020, HTSUS, which are products of Brazil are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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.

Your inquiry does not provide enough information for us to give a classification ruling on the Organic Tomato Juice and the Organic Whole Short Rice. Your request for a classification ruling for the tomato juice should include a sample for laboratory analysis. For the rice, submit a sample, indicate the variety of rice, and provide a complete, step by step description of the manufacturing process. When this information is available, you may wish to consider resubmission of your request.

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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