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NY L89712




January 20, 2006

CLA-2-21:RR:NC:2:228 L89712

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.20.4020

Ms. Antonella Bianchini
Alementitalia SRL
Loc. Spini, 161/27
38014 Trento Sobb.
Gardolo Italy

RE: The tariff classification of tomato products from Italy.

Dear Ms. Bianchini:

In your letter dated January 2, 2006, you requested a tariff classification ruling.

Samples of four products were submitted with your letter. Two of the products were examined and disposed of. The samples of Italian Tomato & Garlic Pasta Sauce and Italian Tomato & Fresh Basil Sauce are tomato-based products having pulpy consistencies with visible pieces of basil or small pieces of garlic. The Italian Tomato & Garlic Pasta Sauce is said to contain diced tomatoes, tomato juice, citric acid, semi-concentrated tomato paste, water, sugar, dried onion, garlic, olive oil, and salt. The Italian Tomato & Fresh Basil contains diced tomatoes, tomatoes, citric acid, tomato paste, olive oil, basil, salt, onion, sugar, and garlic. The sauces are put up in tetra-pak boxes weighing 390 grams.

The applicable subheading for the Italian Tomato & Garlic Pasta Sauce and Italian Tomato & Fresh Basil Sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for sauces and preparations therefortomato ketchup and other tomato saucesotherin containers holding less than 1.4 kg. The rate of duty will be 11.6 percent ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the Italian Diced Tomatoes with Olives and Italian Diced Tomatoes with Roasted Garlic & Oil. Your request for a classification ruling should include complete ingredients breakdowns, by weight, for both products.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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