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NY N015988




September 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9091

Mr. Gerald Le Gal
Gourmet Savage Inc.
Box 5098
Sainte Adele, Quebec J8B 1A1 Canada

RE: The tariff classification of milkweed pod ketchup from Canada

Dear Mr. Le Gal:

In your letter dated July 10, 2007 you requested a tariff classification ruling.

A sample was submitted with your letter. An additional sample, and an ingredients breakdown, were provided with your letter dated August 23, 2007. The samples were examined and disposed of. Milkweed Pod Ketchup is a brown-colored product with a soft, creamy consistency, containing chopped vegetable pieces. The product is said to be composed of 30 percent tomatoes, 12 percent milkweed pods, 12 percent apples, 12 percent onions, 12 percent bell peppers, 12 percent sugar, 9 percent vinegar, and one percent spices. The sample was put up in a glass jar containing 4 fluid ounces. Your letter states the imported product may be packed in containers holding 16, 8, 4, and 3.5 fluid ounces.

The applicable subheading for the Milkweed Pod Ketchup will be 2103.90.9091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.4 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/.

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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