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NY F83339





March 17, 2000

CLA-2-21:RR:NC:2:228 F83339

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Roy Taormina
Med-USA Corporation
520 West Saddle River Road
Upper Saddle River, NJ 07458

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

Dear Mr. Taormina:

In your undated letter received February 23, 2000, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Your letter states the product consists of peeled tomatoes of various sizes in a puree with added salts, citric acid and basil. Examination of the sample found whole peeled tomatoes measuring between 1-1/2 and 3-1/4 inches in length, in tomato puree, with two whole basil leaves and one broken leaf. The sample was packed in a metal can with a plain paper label taped to the outside, containing approximately 6 lbs. You stated the tomatoes will be used by the food service industry for making sauces.

The applicable subheading for the 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 6.4 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.

Sincerely,

Robert B. Swierupski
Director,

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