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NY 888319

July 26, 1993



TARIFF NO.: 2002.10.0020; 2103.90.6090

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

RE: The tariff classification of sauces from Italy

Dear Mr. Quinlan:

In your letter dated July 13, 1993, on behalf of Star S.p.A., Milan, Italy, you requested a tariff classification ruling.

Samples and ingredients breakdowns accompanied your letter. The samples were opened, examined, and disposed of. Sugocasa ("standard house sauce) is a prepared food product made from tomato pulp and juice, tomato concentrate, sugar, salt, and citric acid, packed for retail sale in a glass bottle containing 660 milliliters (690 grams). Examination of the sample finds a product consisting essentially of firm chunks of tomato, measuring approximately 1/2 to 3/4-inch, in a loose tomato concentrate. Sugocasa with Herbs ("herb sauce"), packed in the same type of container, is said to be composed of tomato pulp and juice, tomato concentrate, salt sugar, onion, basil, parsley, garlic, oregano and citric acid. This product is in the form of a thick, pulpy substance made up of small, soft tomato pieces (1/4 to 1/2-inch), with scattered pieces of onion, basil, and parsley. Pesto Alla Genovese ("Genovese sauce") is a product with a thick, creamy consistency, green in color, composed of basil, olive oil, parmesan cheese, "sheep cheese," salt, pine kernels, and lactic acid. This product is packed in a glass jar containing 125 milliliters.

The applicable subheading for Sugocasa and Sugocasa with Herbs will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...whole or in pieces...in containers holding less than 1.4 kg. Pursuant to Presidential Proclamation 5759, as modified, products of Italy, classified in subheading 2002.10.0020, HTS, will be subject to a rate of duty of 100 percent ad valorem, in subheading 9903.23.17, HTS.

The applicable subheading for Pesto Alla Genovese will be 2103.90.6090, HTS,,which provides for sauces and preparations therefore..other...other. The rate of duty will be 7.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Boscaiola (lumberjack) sauce. Your request for a classification ruling should include a complete ingredients breakdown, by weight.

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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