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NY 888031

July 20, 1993



TARIFF NO.: 2103.20.4020; 2103.90.6090

Mr. Liam Quinlan
Dobson & Sinisi
600 Lexington Ave
New York, NY 10022

RE: The tariff classification of sauces from Italy

Dear Mr. Quinlan:

In your letter dated July 6, 1993, on behalf of Star, S.p. A., Milan, Italy, you requested a tariff classification ruling.

Ingredients breakdowns and samples accompanied your letter. The samples were opened, examined, and disposed of. Napoletana Sauce is a tomato-based product with a homogenous, pulpy consistency, containing no seeds or distinguishable vegetable pieces. The product is said to be composed of 65.5 percent tomato pulp, 16.5 percent tomato concentrate, 12.5 percent "fresh vegetables," 2 percent oil, 1.3 percent salt, and less than one percent each of starch, water, sugar, and spices. Montanara Sauce has the appearance of an off-white cream with a few, scattered pieces of sliced mushrooms. This article is said to be composed of 75 percent water, 8 percent melted cheese, 6 percent mushrooms, 5 percent "vegetable cream," 4 percent corn starch, one percent Parmesan-style cheese, and less than one percent each of salt and spices. Carbonara Sauce is a thick white cream with a custard-like consistency, containing scattered pieces of bacon. The ingredients breakdown for this product is 75 percent water, 6.5 percent smoked pork belly, 6 percent melted cheese, 5 percent powdered vegetable cream, 4 percent corn starch, one percent Parmesan-type cheese, and less than one percent each of salt, spices, powdered egg yolk, and yeast extract. All three products are put up in glass jars containing 250 milliliters.

The applicable subheading for the Napoletana Sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefor...other tomato sauces...other...in containers holding less than 1.4 kg. The rate of duty will be 13.6 percent ad valorem.

The applicable subheading for the Montanara Sauce and the Carbonara Sauce will be 2103.90.6090, HTS, which provides for sauces and preparations therefor...other...other...other. The rate of duty will be 7.5 percent ad valorem.

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 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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