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NY E88717

October 27, 1999

CLA-2-21:RR:NC:2:228 E88717


TARIFF NO.: 2103.90.9060

Mr. Gino Carfagna
Migi Corporation
12800 North Bayshore Drive
Miami, Florida 33181

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

Dear Mr. Carfagna:

In your undated letter received October 15, 1999, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. You describe the product as consisting of “peeled tomatoes of various sizes in a tomato puree with added salts, citric acid and basil packed in a metal can.” Examination of the sample found whole and broken peeled tomatoes measuring approximately 2.5-3 inches long, in a thin red, watery liquid medium, with one whole basil leaf, packed in an unlabeled can measuring 6 inches tall and 6 inches wide.

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.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted is not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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