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NY 887841





July 12, 1993

CLA-2-21:S:N:N7:228 887841

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.6070

Mr. James A. McGrath
Isla International, Inc.
P.O. Box 902
Jupiter, FL 33468-0902

RE: The tariff classification of a sauce from Costa Rica

Dear Mr. McGrath:

In your letters dated June 22, 1993 and July 8, 1993 you requested a tariff classification ruling.

A sample was submitted with your first letter. The product, Lizano- brand Salsa, is a mustard-colored, liquid food product, containing very little solid matter, packed for retail sale in glass bottles containing 140 milliliters. The stated ingredients are water, sugar, salt, "vegetables," spices, acetic acid, chilies, modified starch, vegetable protein, and sodium benzoate. This product will be marketed and used as a sauce.

The applicable subheading for the sauce will be 2103.90.6070, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefor...other...containing cane and/or beet sugar. The duty rate will be 7.5 percent ad valorem.

Articles classifiable under subheading 2103.90.6070, HTS, which are products of Costa Rica are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency directly for further information.

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 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 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.

Sincerely,

Jean F. Maguire
Area Director

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