Tomato ketchup and other tomato sauces:
H317626 · 2024-11-01 — Revocation of HQ H259324, HQ H258812, NY 856914, and HQ 085838; Modification of NY N195658, NY D88850, NY 890395, and HQ 088976; Classification of sauces; Revocation by operation of law; Mondiv, Div. of Lassonde Specialties Inc. v. United States, 329 F. Supp. 3d 1331 (Ct. Int’l Trade 2018); Mild Jalapeno Red Salsa and Mild Jalapeno Green Salsa
This is in reference to New York Ruling Letter (“NY”) NY 856914, dated October 24, 1990, issued to you concerning the tariff classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of two types of salsa, specifically, a Mild Jalapeno Red Salsa and a Mild Jalapeno Green Salsa. In NY 856914, U.S. Customs (the predecessor to U.S. Customs and Border Protection (“CBP”)) classified the Mild Jalapeno Red Salsa in heading 2005, HTSUS, which in the 1990 version of the HTSUS provided for “Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not…
964502 · 2001-01-29 — NY F85327: Salsa Casera and Salsa Ranchera
Your letter was referred to this office for a reply. We regret the delay. In preparing our response we have reconsidered the decision in NY F85327 issued to you on May 3, 2000. FACTS: The products in question are two salsas, each in 7 oz. (198 g) cans. They are described from the ingredients identified on their labels and from samples accompanying the request for reconsideration as follows: Salsa Casera: tomatoes, onions, serrano peppers, salt, cilantro. Not described in NY F85327, the sample is composed of chopped vegetables (tomatoes, onions, peppers, and cilantro) in a red, watery liquid.…
962418 · 1999-03-03 — tomato based sauces; HQ 088976 modified
In response to your letter of March 28, 1991, on behalf of Rienzi & Sons, Inc., Customs issued you HQ 088976 dated January 6, 1992, in which “Alla Napoletana”, “Campagnola” and “Salsa Sorrentina” tomato sauces were classified under the Harmonized Tariff Schedule of the United States (HTSUS) in either subheading 2005.90.9500, the provision for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other vegetables and mixtures of vegetables, other, or in subheading 2103.20.40, the provision for sauces, tomato ketchup and other tomato sauces, other. Based…
962417 · 1999-03-03 — salsa imported; HQ 085838 revoked
In response to your letter on behalf of Pioneer Portion Pak, Ltd., Customs issued to you HQ 085838 dated December 21, 1989, in which mild and hot salsas were classified under the Harmonized Tariff Schedule of the United States (HTSUS) in subheading 2005.90.9000, the provision for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other, other. Based upon the recent decision of the Court of Appeals for the Federal Circuit in the case of Orlando Food Corporation v. United States, as noted hereinafter, Customs determined that salsas are more properly…
952976 · 1993-02-11 — Classification of Pomi Pasta Sauce, a product of Italy.
Your letter of October 19, 1992, concerns the tariff classification of Pomi Pasta Sauce with Basil under the Harmonized Tariff Schedule (HTSUS). FACTS: The product is made by the Parmalat Collechio, Parma, Italy, and imported by Parmalat U.S.A.. It is packed in 10.2 ounce glass jars, and said to consist of chopped tomatoes, tomato paste, basil, salt and sugar. Examination of a sample disclosed a product which was of relatively loose consistency, flowed freely, and had a pulpy, homogenous appearance. It had very small pieces of tomatoes, smaller, in fact than the scattered particles of basil…
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