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July 13, 1999

CLA-2-20:RR:NC:2:228 E83932


TARIFF NO.: 2002.10.0080

Mr. Moe Elshafi
Alba Wheels Up International, Inc.
One Exchange Place
Suite 501
Jersey City, NJ 07302-3911

RE: The tariff classification of canned tomatoes from Italy.

Dear Mr. Elshafi:

In your letter dated June 25, 1999, on behalf of Alanric Food Distributors, Inc. (Centro Fine Foods, Inc.), you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Cento brand Italian Peeled Tomatoes with Basil Leaf consists of whole peeled tomatoes measuring approximately 2.5-3.5 inches long, in tomato juice with a basil leaf. The tomatoes are packed in a can holding 3 kilograms, net weight.

The applicable subheading for the tomatoes will be 2002.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acidÂtomatoes, whole or in piecesÂother. The rate of duty will be 12.9 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.


Robert B. Swierupski

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