CLA-2-20:S:N:N7:228
Mr. John J. Cammarano
General Shipping Co., Inc.
30 Montgomery Street Suite 1250
Jersey City, NJ 07303
RE: The tariff classification of tomato-based products from Italy
Dear Mr. Cammarano:
In your letter dated May 12, 1993, on behalf of Liberty-
Richter Inc., you requested a tariff classification ruling.
Three samples accompanied your letter, were examined and
disposed of. "La Passata," described as a "raw-crude sauce," is
said to consist of tomatoes and .2 percent kitchen salt. The
sample has a fairly thin, homogenous consistency, with no
discernable tomato pieces. La Passata is packed in a glass bottle
containing 700 grams, net weight. "Sughi Novelli" is composed of
tomato pulp, peppers, tomato concentrate, salt, sugar, onions, and
natural aroma. Examination of the sample reveals a product with
a large quantity of vegetable pieces (peppers and onions) measuring
approximately 1/2 to 3/4-inch, in a pulpy tomato concentrate.
Sughi Novelli is put up in a glass jar containing 700 grams, net
weight. "Il Sugo" is a food product made from semi-concentrated
tomatoes, tomato pulp, salt, fresh basil, sugar, and fresh onions.
Examination of the sample finds a product with a pulpy, homogenous
consistency, with scattered pieces of basil leaf, and occasional
soft, irregularly-shaped tomato and onion pieces. Il Sugo is
packed in a glass jar containing 700 grams, net weight.
The applicable subheading for the La Passata tomato product
will be 2002.90.0050, Harmonized Tariff Schedule of the United
States (HTS), which provides for tomatoes prepared or preserved
otherwise than by vinegar or acetic acid...other...other. The rate
of duty will be 13.6 percent ad valorem.
The applicable subheading for Sughi Novelli will be
2005.90.9500, HTS, which provides for vegetables...prepared or
preserved otherwise than by vinegar or acetic acid, not
frozen...mixtures of vegetables...other. The rate of duty will be
17.5 percent ad valorem.
The applicable subheading for Il Sugo will be 2103.20.4020,
HTS, which provides for sauces and preparations therefor...tomato
ketchup and other tomato sauces...other...in containers holding
less than 1.4 kg. The rate of duty will be 13.6 percent ad
valorem.
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 (19 CFR Part 134). The samples you have
submitted do 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 ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport