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July 2, 1999

CLA-2-20:RR:NC:2:228 E81039

CATEGORY: CLASSIFICATION

TARIFF NO.: 2002.90.8050

Mr. Stephen De Castro
All-Ways Forwarding Int’l Inc.
Hemisphere Center
570 U.S. RT. 1-9 South
Newark, NJ 97114

RE: The tariff classification of sundried tomato paste from Italy.

Dear Mr. De Castro:

In your letter dated April 20, 1999, on behalf of World Finer Foods Inc., you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the United States Customs laboratory for analysis. Reese brand Sun-Dried Tomato Paste consists of sun-dried tomatoes, sunflower oil, olive oil, vinegar, salt, chili powder, garlic, capers and oregano. Laboratory analysis found the paste to contain 0.06 percent vinegar. The product is put up in a tube containing 80 grams, net weight.

The applicable subheading for the sundried tomato paste 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 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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