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NY N013254




June 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9091, 7323.99.9060

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

RE: The tariff classification of sauces and a metal rack from China.

Dear Mr. Gat:

In your letter dated June 14, 2007, you requested a tariff classification ruling.

A sample, pictorial literature, and ingredients breakdowns were submitted with your letter. The sample was examined and disposed of. Item no. BBQ-223096 Make It Hot Fire Rack is comprised of three 250 ml bottles of hot sauce and a metal rack. The green-colored Chili Fire Flavor Hot Sauce (Not So Spicy), yellow-colored Double Chili Fire Flavor Sauce (Kind of Hot), and the red-colored Triple Chili Fire Flavor Hot Sauce (Just Like Fire) each contain water, chopped chili pepper, sugar, salt, acetic acid, garlic powder, onion powder, citric acid, xanthan gum, and preservatives. The Chili Fire Flavor Hot Sauce (Not So Spicy) also contains modified starch and chlorophyll, the Double Chili Fire Flavor Sauce (Kind of Hot) contains sweet pepper powder, and the Triple Chili Fire Flavor Hot Sauce (Just Like Fire) contains tomato paste, turmeric powder, and Sauza flavor.

The applicable subheading for the Chili Fire Flavor Hot Sauce (Not So Spicy), Double Chili Fire Flavor Sauce (Kind of Hot), and the Triple Chili Fire Flavor Hot Sauce (Just Like Fire) will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefor otherotherother. The rate of duty will be 6.4 percent.

The applicable subheading for the metal rack will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother othernot coated or plated with precious metalotherother other. The rate of duty will be 3.4 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/.

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 have 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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