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NY G81185





September 13, 2000

CLA-2-21:RR:NC:2:228 G81185

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Francesco Cordaro
Cordaro Shipping Co., Inc.
80 River Street
Hoboken, NJ 07030

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

Dear Mr. Cordaro:

In your letter dated August 28, 2000, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. The products are Italian Peeled Tomatoes stated to contain peeled tomatoes, tomato puree, basil leaf, salt, and citric acid. Examination of two samples found whole and broken tomatoes in tomato puree, with two basil leaves. The tomatoes in the Nina brand sample measured between 2¼ - 3¼ inches. The tomatoes in the Baresi brand sample measured between 2½ - 3¼ inches. They are packed in cans containing 6 lbs. 10 oz., net weight.

The applicable subheading for these 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.

Sincerely,

Robert B. Swierupski
Director,

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