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NY N014795

August 16, 2007



TARIFF NO.: 2103.90.9091, 9603.90.8050

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of BBQ sauce and a brush from China.

Dear Mr. Gat:

In your letter dated June 14, 2007, you requested a tariff classification ruling.

An ingredients breakdowns and pictorial literature were submitted with your letter. Item no. BBQ-223098 - BBQ Sauce in a Boot is a boot-shaped bottle filled with a barbecue sauce, and a brush. The approximately 8-1/2 inch tall, 600 ml glass bottle contains a barbecue sauce composed of 58.40 percent water, 18 percent tomato concentrate, 6 percent sugar, 5.02 percent distilled white vinegar, 5 percent dextrose, 2.5 percent salt, 2 percent corn starch, and less than one percent each of chili powder, garlic powder, caramel color, mustard powder, xanthan gum, onion powder, flavorings, citric acid, black pepper powder, nutmeg powder, and preservatives. The 7-3/4 inch brush has a wood handle and a plastic cap and is tied to the neck of the bottle.

The applicable subheading for the barbecue sauce will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefor otherotherother. The rate of duty will be 6.4 percent.

The applicable subheading for the brush will be 9603.90.8050, HTSUS, which provides for other brushes. The rate of duty will be 2.8% 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/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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