CLA-2-20:S:N:N1:228
Ms. Carolyn Trout
Carnation
5045 Wilshire Boulevard
Los Angeles, CA 90036
RE: The tariff classification of a tomato product from Spain
Dear Ms. Trout:
In your letter dated August 8, 1990, you requested a
tariff classification ruling.
A sample, submitted under separate cover, was examined and
disposed of. A photocopy of the container label describes the
product as a "tomato sauce" made from tomatoes, salt, basil and
citric acid. Your letter identifies the ingredients as whole
tomatoes, tomato puree, salt and basil. The sample, put up in a
metal can weighing approximately 2 pounds 9 ounces, gross weight,
has the appearance and consistency of a thick, red slurry, with a
few scattered seeds and a fairly homogenous, small particle size.
The applicable subheading for the tomato product will be
2002.90.0050, Harmonized Tariff Schedule of the United States
(HTS), which provides for tomatoes prepared or preserved
otherwise than by vinegar or acetic acid...other...other. The
rate of duty will be 13.6 percent ad valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport