The tariff classification of a food product from Italy

N035179 August 22, 2008 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2103.90.8000 Ms. Ann Adell Panos Brands 400 Lyster Avenue Saddle Brook, NJ 07663 RE: The tariff classification of a food product from Italy Dear Ms. Adell: In your letter dated August 7, 2008 you requested a tariff classification ruling. An ingredients breakdown and illustrations of the product were submitted with your letter. “Concentrated Pesto” (“pesto paste”) is a mixture of herbs in a squeezable tube. The product is said to consist of approximately 47 percent sunflower oil, 22 percent basil, 22 percent parsley, 6 percent oregano, 4 percent salt, and less than one percent citric acid. The product will be imported in a tube containing 70 grams, net weight. The applicable subheading for this product will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasonings…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 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