CLA-2-21:OT:RR:NC:2:228
Robert Pascale
7300 Carmel Executive Park
Suite 100
Charlotte, NC 28226
RE: The tariff classification of pesto sauces from Italy.
Dear Mr. Pascale:
In your undated letter received May 22, 2008, you requested a tariff classification ruling.
Samples and lists of ingredients were submitted with your letter. The samples were examined and disposed of. The three Maria Rovanni brand pesto sauces are thick, oily, homogeneous products, packed for retail sale in glass jars containing 4.8 ounces, net weight. The Pesto Rosso Alla Calabrese-Calabria style is a red colored creamy paste consisting of fresh tomatoes, sun-dried tomatoes, Pecorino cheese, extra virgin olive oil, sunflower oil, garlic, and salt. Pesto Arugola Alla Veneziana-Venice style, is a green colored blend of arugula, extra virgin olive oil, Pecorino cheese, sunflower oil, Parmesan cheese, pine nuts, garlic, and salt. The Pesto Alla Genovese-Genoa style consists of small pieces of basil, Pecorino cheese, Parmesan cheese, pine nuts, and garlic, in virgin olive oil, sunflower oil, and salt.
The applicable subheading for the Pesto Rosso Alla Calabrese-Calabria style sauce will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefore…tomato ketchup and other tomato sauces…other…in containers holding less than 1.4 kg. The rate of duty will be 11.6 percent ad valorem.
The applicable subheading for the Pesto Arugola Alla Veneziana-Venice style sauce and the Pesto Alla Genovese-Genoa style sauce will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefor…other…other…other. The rate of duty will be 6.4 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,
National Commodity
Specialist Division