CLA-2-20:RR:NC:2:228 D83769
Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, New Jersey 07663-5910
RE: The tariff classification of a food product from England.
Dear Ms. Bell:
In your letter dated October 16, 1998, you requested a
tariff classification ruling.
The sample submitted with your letter was forwarded to the
U.S. Customs Laboratory for analysis. Chalice brand Sun Dried
Tomato Tapenade is a reddish-brown colored, soft spread, composed
of sundried tomatoes, rapeseed oil, red wine vinegar, herbs,
spices, apple juice concentrate, oregano and salt. The
laboratory analysis found the tapenade to contain 0.32 percent
acetic acid. The product is put up in a glass jar containing
3.17 ounces, net weight.
The applicable subheading for the Sun Dried Tomato Tapenade
will be 2002.90.8050, Harmonized Tariff Schedule of the United
States (HTS), which provides for tomatoes prepared or preserved
otherwise than by vinegar or acetic acid...other...other...other.
The rate of duty will be 12.3 percent ad valorem. Effective
January 1, 1999, the rate of duty will be 11.9 percent ad
valorem.
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 212-466-5760.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division