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NY 852653

MAY 24, 1990

CLA-2-21:S:N:N1:228 852653


TARIFF NO.: 2103.90.6090

Ms. Carolyn Trout
Legal Department
5045 Wilshire Boulevard
Los Angeles, CA 90036

RE: The tariff classification of clam sauce from Canada.

Dear Ms. Trout:

In your letter dated May 15, 1990, you requested a tariff classification ruling.

Ingredients breakdowns for the Canadian product, and photocopies of the container labels for United States-made sauces, accompanied your letter. White Clam Spaghetti Sauce will contain clams, water, oil, salt, starches, and spices. Red Clam Spaghetti Sauce is composed of water, clams, tomato paste, oil, margarine, starch and spices. The sauces will be put up for retail sale in containers holding 290 grams, net weight.

The applicable subheading for the white and red clam sauce will be 2103.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefore... other...other ...other. The rate of duty will be 7.5 percent ad valorem.

Goods classifiable under subheading 2103.90.6090, HTS, which have originated in the territory of Canada, will be entitled to a 6 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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