CLA-2-20:OT:RR:NC:N2:228

Mr. Sal DiStefano
Reliance Customs Brokerage
102 West End Avenue
Inwood, NY 11096

RE: The tariff classification of crushed tomatoes with olive oil from Italy

Dear Mr. DiStefano:

In your letter dated June 8, 2020, you requested a tariff classification ruling on behalf of your client, Steriltom S.r.l., IT.

An ingredients breakdown, and a narrative description of the manufacturing process were provided with your inquiry. The product, crushed tomatoes with olive oil (Cod RCT23) is said to contain approximately 99 percent fine crushed tomatoes and trace amounts of olive oil and citric acid. The product has a typical odor of fresh tomatoes and a red color. It will be packaged in bulk asceptic bags, 210 kg., net weight.

The applicable subheading for the product will be 2002.90.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid…other…other…other. 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 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 ww.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