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NY F89921

August 4, 2000

CLA-2-21:RR:NC:2:228 F89921


TARIFF NO.: 2103.90.9060

Ms. Rosanna Ferraioli
Feger Di Gerardo Ferraioli S.p.A.
Via Nazionale, 236-84012 ANGRI (Sa)

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

Dear Ms. Ferraioli:

In your letter dated July 20, 2000, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. The product is said to be composed of whole peeled plum tomatoes in tomato puree with basil leaf, salt, and citric acid, and used for making sauce. Examination of the sample found whole and broken tomatoes measuring 2¾ - 3½ inches in length, in a thin tomato puree, with one basil leaf. The tomatoes are packed in an unlabeled can measuring 7 inches tall and 6 inches in diameter.

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 6.4 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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