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NY G83118




November 2, 2000

CLA-2-21:RR:NC:2:228 G83118

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 October 5, 2000, on behalf of Spineta SPA, 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 whole peeled tomatoes, tomato puree, basil leaf, salt, and citric acid. Examination of the Nina brand sample found whole tomatoes measuring between 2 1/2 - 3 1/4 inches, tomato puree, and 2 basil leaves. Examination of the Baresi brand sample found whole tomatoes measuring between 2 3/4 - 3 1/2 inches, tomato puree, and 1 basil leaf. Both products are packed in cans containing 35 ounces, 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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