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NY K83152




February 23, 2004
CLA-2-21:RR:NC:2:228 K83152

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of bruschetta from Italy

Dear Ms. Mollinary:

In your letter dated February 9, 2004 you requested a tariff classification ruling.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Pepper Bruschetta is a soft, oily, pale white paste containing small particles of chopped vegetable material. It is said to be composed of 35 percent red and yellow peppers, 28 percent sunflower oil, 13 percent ricotta cheese, 8 percent tomato sauce, 3 percent each of onions and capers, 2 percent each of pecorino romano cheese, grana padano cheese, and potato flakes, and less than one percent each of sugar, salt, spices, wine vinegar, and preservatives. Pepper Bruschetta will be imported in 10-ounce jars, for retail sale.

The applicable subheading for the Pepper Bruschetta will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 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.

Sincerely,

Robert B. Swierupski
Director,

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