CLA-2-21:OT:RR:NC:N2:228
Ms. JoAnne Meintzer
Western Overseas Corporation
602 Front Street, Suite 205
Essington, PA 19029
RE: The tariff classification of food products from Italy
Dear Ms. Meintzer:
In your letter dated March 26, 2015 you requested a tariff classification ruling on behalf of Bridge Atlantic Corporation dba Noble International Foods.
You provided lists of ingredients for two food spreads, and samples of each. Additional information was submitted via your April 9, 2015 eMail. The samples were examined and discarded. “Bruschetta Spread Tomato & Oregano” is a red brown colored thick homogeneous spreadable paste. The stated ingredients are approximately 82 percent tomato pulp, 9 percent garlic, 3 percent fiber, 3 percent sunflower seed oil, 1 percent each apple vinegar, and salt, less than 1 percent each oregano, pepper, and potassium sorbate. “Hummus Spread” is a tan colored thick oily homogeneous spreadable paste. The stated ingredients are approximately 40 percent rehydrated chickpea flour, 34 percent chickpeas, 7 percent sunflower seed oil, 14 percent tahini (sesame seeds), 1 percent each salt, corn starch and garlic, and less than 1 percent each cumin, citric acid, and potassium sorbate. The two food spreads are packed in sealed plastic containers 2 inches in diameter and ¾ inches in height holding 28.5g (1 oz.) each, net weight. The spreads will be used as single serve portions for airline snack packs, and will not be sold individually to consumers.
The applicable subheading for the “Bruschetta Spread Tomato & Oregano” will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefor ... tomato ketchup and other tomato sauces ... other ... in containers holding less than 1.4 kg. The general rate of duty will be 11.6 percent ad valorem.
The applicable subheading for the “Hummus Spread” will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefor ... other ... other ... other. The general 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 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,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division