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NY 886114

June 4, 1993



TARIFF NO.: 2002.90.0050; 2005.90.9500; 2103.20.4020

Mr. John J. Cammarano
General Shipping Co., Inc.
30 Montgomery Street Suite 1250
Jersey City, NJ 07303

RE: The tariff classification of tomato-based products from Italy

Dear Mr. Cammarano:

In your letter dated May 12, 1993, on behalf of Liberty- Richter Inc., you requested a tariff classification ruling.

Three samples accompanied your letter, were examined and disposed of. "La Passata," described as a "raw-crude sauce," is said to consist of tomatoes and .2 percent kitchen salt. The sample has a fairly thin, homogenous consistency, with no discernable tomato pieces. La Passata is packed in a glass bottle containing 700 grams, net weight. "Sughi Novelli" is composed of tomato pulp, peppers, tomato concentrate, salt, sugar, onions, and natural aroma. Examination of the sample reveals a product with a large quantity of vegetable pieces (peppers and onions) measuring approximately 1/2 to 3/4-inch, in a pulpy tomato concentrate. Sughi Novelli is put up in a glass jar containing 700 grams, net weight. "Il Sugo" is a food product made from semi-concentrated tomatoes, tomato pulp, salt, fresh basil, sugar, and fresh onions. Examination of the sample finds a product with a pulpy, homogenous consistency, with scattered pieces of basil leaf, and occasional soft, irregularly-shaped tomato and onion pieces. Il Sugo is packed in a glass jar containing 700 grams, net weight.

The applicable subheading for the La Passata tomato product will be 2002.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...other...other. The rate of duty will be 13.6 percent ad valorem.

The applicable subheading for Sughi Novelli will be 2005.90.9500, HTS, which provides for vegetables...prepared or preserved otherwise than by vinegar or acetic acid, not frozen...mixtures of vegetables...other. The rate of duty will be 17.5 percent ad valorem.

The applicable subheading for Il Sugo will be 2103.20.4020, HTS, which provides for sauces and preparations therefor...tomato ketchup and other tomato sauces...other...in containers holding less than 1.4 kg. The rate of duty will be 13.6 percent ad valorem.

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 (19 CFR Part 134). The samples you have submitted do 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 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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