The tariff classification of sauces from Italy.

N029038 May 30, 2008 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2103.20.4020 Robert Pascale PLP Importing, LLC 7300 Camel Executive Park Suite 100 Charlotte, NC 28226 RE: The tariff classification of sauces from Italy. Dear Mr. Pascale: In your undated letter, received May 23, 2008, you requested a tariff classification ruling. Samples of Maria Rovanni Pasta Sauces, submitted with your inquiry, were examined and disposed of. All are complete, ready to consume, tomato-based pasta sauces, put up for retail sale in glass jars containing 19.4 ounces, net weight. The Arrabbiata, Marinara, Alla Torinese (Mushroom), and Alla Putanesca are thick, pulpy, red-colored products, containing pieces of chopped vegetables. All contain tomato and salt and, depending upon type, may contain chili peppers, parsley, onions, carrots, celery, basil, oregano, mushrooms, olives, and capers. The applicable subheading for the Arrabbiata, Marinara, Alla Torinese (Mushroom), and Alla Putanesca 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. 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