The tariff classification of a food product from Italy. Correction to Ruling Number N035179

N037355 September 8, 2008 CLA-2-21:OT:RR: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. Correction to Ruling Number N035179 Dear Ms. Adell: This replaces Ruling Number N035179, dated August 22, 2008, which contained a clerical error. The ruling did not provide the correct name for the imported product and did not clearly state that the submitted illustrations were for a different good. A complete corrected ruling follows. In your letter dated August 7, 2008 you requested a tariff classification ruling. An ingredients breakdown for “Italian Herb Paste”, and illustrations of a similar product, were submitted with your letter. Italian Herb Paste is a mixture of herbs in a squeezable tube. It 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 the Italian Herb Paste 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). Sincerely, Robert B. Swierupski Director National Commodity Specialist Division