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NY F89898

August 8, 2000

CLA-2-21:RR:NC:2:228 F89898


TARIFF NO.: 2103.90.9060

Mr. David L. Simon
1155 Connecticut Avenue, NW
Suite 300
Washington, DC 20036

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

Dear Mr. Simon:

In your letter dated July 19, 2000, on behalf of Vitelli Foods LLC, Fair Lawn, NJ, you requested a tariff classification ruling.

Two samples, sample product labels, and a description of the manufacturing process were submitted with your letter. The samples were examined and disposed of. Luigi Vitelli brand Italian Peeled Tomatoes is said to be composed of peeled tomatoes, tomato puree, basil leaf, citric acid, and salt, intended for use as bases for tomato sauce. Examination of one sample, a can containing 28 ounces, net weight, found whole and broken tomatoes measuring 2½ - 3½ inches in length, in tomato puree, with one whole basil leaf. The sample packed in a can containing 35 ounces, net weight, contained whole and broken tomatoes measuring 2 3/8 - 3 inches in length, in tomato puree, with one whole basil leaf.

The applicable subheading for these two tomato products 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 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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