CLA-2-21:OT:RR:NC:2:228
Mr. Pat Danilczyk
USG Logistics, Inc.
1975 Linden Blvd.
Elmont, NY 11003
RE: The tariff classification of a tomato product from Italy
Dear Mr. Danilczyk:
In your letter dated May 5, 2009, on behalf of Lucca Corporation, you requested a tariff classification ruling.
A sample, submitted with your letter, was opened, examined and disposed of. Greci brand Peeled Tomatoes is a food product said to be composed of tomatoes, tomato juice, basil, salt, and citric acid, packed in metal cans holding 2550 grams, net weight. Examination of the sample found it to contain whole peeled tomatoes, approximately 2-1/2 to 3-1/4 inches in length, in a thick red medium, with two whole basil leaves.
The applicable subheading for this product will be 2103.90.9059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefor…other… other…tomato-based preparations for sauces…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