CLA-2-21:OT:RR:NC:2:228

Mr. Giancarlo Di Stefano
T.A.F. Enterprises, Inc.
435 Newbury Street
Danvers, MA 01923

RE: The tariff classification of sauces from Italy

Dear Mr. Di Stefano:

In your letter dated January 19, 2011 you requested a tariff classification ruling.

The products are described as tomato-based sauces, imported frozen and in bulk quantities. The sauces will be used as ingredients in prepared meals produced in the United States. Parmiggiana Sauce is said to be composed of tomato pulp, peppers, olives, onion, olive oil, parsley, basil, garlic, salt, chili pepper, and oregano. Traditional Sauce consists of tomato pulp, peppers, onions, olive oil, parsley, basil, garlic, salt, and chili pepper. Primavera Sauce contains water, tomato pulp, zucchini, peppers, olive oil, cream, onion, salt, garlic, and chili pepper. Seafood Sauce is made from tomato pulp, water, clam broth, peppers, cuttlefish, onion, mussels, white wine, olive oil, parsley, basil, starch, salt, garlic, sunflower oil, chili pepper, and anchovies

The applicable subheading for these sauces will be 2103.20.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefor…tomato ketchup and other tomato sauces…other…other. The rate of duty will be 11.6 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