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NY M80230

February 13, 2006

CLA-2-21:RR:NC:2:228 M80230


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 sauces from Italy.

Dear Ms. Bianchini:

In your letter dated January 30, 2006, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. The Italian Diced Tomatoes with Roasted Garlic and Oil was found to have a strong aroma of garlic, pieces of chopped tomatoes, garlic, and parsley. It is said to contain 92.9 percent diced tomatoes (80 percent tomatoes, 19.9 percent tomato juice, and 0.1 percent citric acid), 2 percent olive oil, 1.3 percent sugar, 1 percent each of onion, chopped roasted garlic, and salt, and 0.8 percent parsley. The Italian Diced Tomatoes with Olives contained chopped tomatoes, sliced green and black olives, and pieces of oregano. It is composed of 86.9 percent diced tomatoes (80 percent tomatoes, 19.9 percent tomato juice, and 0.1 percent citric acid), 7 percent sliced green olives, 3 percent sliced black olives, 1.5 percent sugar, and less than one percent each of salt, flavoring, garlic, and oregano. The sauces are put up in tetra-pak boxes weighing 390 grams.

The applicable subheading for the Italian Diced Tomatoes with Roasted Garlic & Oil and Italian Diced Tomatoes with Olives 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.


Robert B. Swierupski

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