CLA-2-21:OT:RR:NC:N2:228
Mr. William Connolly
OCEANAIR, Inc.
186A Lee Burbank Highway
Revere, MA 02151
RE: The tariff classification of a tomato product from Italy
Dear Mr. Connolly:
In your letter dated February 7, 2016, you requested a tariff classification ruling on behalf of Sheandro Limited Legend, Hong Kong.
Your inquiry provided a list of ingredients, and additional information was provided in an eMail dated March 21, 2016. The product is said to contain whole peeled tomatoes measuring between 1½ and 3¼ inches in length in tomato puree, with two whole basil leaves and one broken leaf. The ingredients are 60 percent peeled tomatoes, 40 percent tomato puree and less than one percent citric acid and salt. The product will be imported in metal cans weighing approximately 5 to 6 pounds and will be used by the food service industry for making sauces.
In your letter, you suggested the product may fall in subheading 2103.90.9059, Harmonized Tariff Schedule of the United States (HTSUS), the provision for sauces and preparations therefor . . . other. Based on the product’s ingredient composition, it will be classified elsewhere.
The applicable subheading for the tomato product will be 2103.20.4040, HTSUS, which provides for sauces and preparations therefor . . . tomato ketchup and other tomato sauces . . . other . . . other. The general 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 the 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 301-575-0156, or at the Web site ww.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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division