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NY L89966




February 13, 2006

CLA-2-21:RR:NC:2:228 L89966

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 a tomato sauce from Italy.

Dear Ms. Bianchini:

In your letter dated January 13, 2006, you requested a tariff classification ruling.

A sample was submitted with your letter. Examination of the Italian Starter Sauce found the sample to have a strong aroma of garlic and a chunky consistency, with many large and small pieces of tomatoes, onions, garlic, and chopped basil. It is said to contain tomatoes, tomato juice, water, fresh chopped onion, soybean oil, sugar, fresh chopped garlic, salt, olive oil, frozen chopped basil, natural flavors, citric acid, and calcium chloride. The sauce is put up in a tetra-pak box weighing 390 grams.

The applicable subheading for the Italian Starter Sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefortomato ketchup and other tomato sauces otherin containers holding less than 1.4 kg. The rate of duty will be 11.6 percent ad valorem.

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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