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NY H88228

February 21, 2002

CLA-2-21:RR:NC:2:228 H88228


TARIFF NO.: 2103.20.4020

Ms. Ann Adell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of a tomato sauce from Italy

Dear Ms. Adell:

In your letter dated January 31, 2002, you requested a tariff classification ruling.

Samples submitted with your letter were examined and disposed of. Fini brand Bruschetta Tomato Sauce with Chilli Pepper is said to contain tomato pulp (70 percent), extra virgin olive oil, tomato extract, salt, onions, celery, basil, sugar, chili, garlic, and parsley. Examination of the sample revealed a thick sauce containing very small pieces of vegetables. The sauce is put up in octagonal-shaped glass jars measuring approximately 4-1/2 inches tall and 2-1/2 inches in diameter, and containing 9.9 ounces.

The applicable subheading for the Bruschetta Tomato Sauce with Chilli Pepper will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefortomato ketchup and other tomato saucesother in containers holding less than 1.4 kg. The rate of duty will be 11.6 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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