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NY E86679

September 24, 1999

CLA-2-21:RR:NC:2:228 E86679


TARIFF NO.: 2103.90.9060

Mr.Geremia Capolongo c/o Jerry Customhouse Broker
145-40 157th Street
Jamaica, NY 11434

RE: The tariff classification of a canned tomato product from Italy.

Dear Mr.Capolongo:

In your letter dated August 25, 1999, on behalf of S.I.PR.I.O., Naples, Italy, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Your letter states the product contains peeled tomatoes, tomato puree, salt, citric acid, and basil. Examination of the sample found whole and broken peeled tomatoes measuring between 2 1/2 and 4 inches in length, in tomato puree, and 1 whole basil leaf, packed in an unlabeled can measuring 6 inches tall and 6 inches in diameter. It will be sold to the food service industry for use in the preparation of sauces.

The applicable subheading for this tomato product will be 2103.90.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforother otherother. The rate of duty will be 6.6 percent.

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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