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NY 816338

November 28, 1995

CLA-2-7:RR:NC:FC:228 816338


TARIFF NO.: 0702.00.2090, 0702.00.4090, 0702.00.6090

Mr. Thierry Ober
217 St. Charles Place
Pittsburgh, PA 15215

RE: The tariff classification of tomatoes from Morocco.

Dear Mr. Ober:

In your letters dated September 19, 1995 and October 19, 1995, you requested a tariff classification ruling.

The merchandise, "Daniela Tomatoes", is described as fresh, red, whole, tomatoes, not of the cherry or Roma type.

The applicable subheading for the tomatoes, if entered during the period from March 1 to July 14, inclusive, or the period from September 1 to November 14, inclusive, in any year, will be 0702.00.2090, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 4.5 cents per kilogram. Tomatoes entered during the period from July 15 to August 31, inclusive, in any year will be classified in subheading 0702.00.4090 HTS, dutiable at the rate of 3.2 cents per kilogram. Tomatoes entered during the period from November 15, in any year, to the last day of the following February, inclusive will be classified in subheading 0702.00.6090 HTS, dutiable at the rate of 3.2 cents per kilogram.

Articles classifiable under subheading 0702.00.6090, HTS which are products of Morocco, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

This ruling is being issued under the provisions of Section 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.


Roger J. Silvestri

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