CLA-2-20:OT:RR:NC:N2:228
Ms. Elizabeth Gutmann
Savino Del Bene USA, Inc.
Brokerage Department
149 – 10 183rd Street
Jamaica, NY 11413
RE: The tariff classification of a chopped tomato product from Italy
Dear Ms. Gutmann:
In your letter dated February 5, 2019, you requested a tariff classification ruling on behalf of your client, Mutti USA, Inc.
An ingredients breakdown, a manufacturing flowchart, a narrative description of the manufacturing process, and artwork of the packaging accompanied your inquiry. The finely chopped tomato pulp product is said to contain approximately 94 percent tomato, 3 percent onion, 1 percent garlic, 1 percent basil, and trace amounts of salt, chili pepper, oregano, and natural flavoring. The product is used as a sauce for food preparations. It will be put up for retail sale or it will be sold to the food industry. The product will be packaged in 12 cans to a case, in 14 ounce steel cans, net weight.
The applicable subheading for the product will be 2103.20.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefore . . . tomato ketchup and other tomato sauces . . . other . . . in containers holding less than 1.4 kg. The general 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 the World Wide Web at https://hts.usitc.gov/current.
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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division