The tariff classification of tomato products from Italy.

N029040 June 16, 2008 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2005.99.9700 Robert Pascale PLP Importing, LLC 7300 Carmel Executive Park Suite 100 Charlotte, NC 28226 RE: The tariff classification of tomato products 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 products consist of finely chopped vegetables and herbs, packed for retail sale in glass jars containing 10.5 ounces, net weight. The Bruchetta - Classica consists of tomatoes, extra virgin olive oil, garlic, basil, and chili peppers. The Bruchetta – Tomato and Mushroom contains tomatoes, mushrooms, extra virgin olive oil, parsley, garlic, and chives. The Bruchetta - Tomato and Olive consists of tomatoes, olives, olive oil, parsley, chives, and garlic. The applicable subheading for the Maria Rovanni Bruchetta – Classica, Tomato and Mushroom, and Tomato and Olive, will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, other vegetables and mixtures of vegetables..other…other. The rate of duty will be 11.2 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