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NY G85646




January 30, 2001

CLA-2-21:RR:NC:2:228 G85646

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Victor Bruzzone
Bruzzone Shipping Inc.
530 Burnside avenue
Inwood, NY 11696

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

Dear Mr. Bruzzone:

In your letter dated November 9, 2000, and January 4, 2001, on behalf of Roma Food Enterprises, Inc., you requested a tariff classification ruling.

The sample submitted with your January letter was examined and disposed of. Assoluti brand Italian Peeled Tomatoes with Basil Leaf, is said to be composed of peeled tomatoes, tomato puree, salt, citric acid, and basil. Examination of the sample found whole tomatoes measuring 2-1/4 - 3-1/2 inches in tomato puree, with one basil leaf. The tomatoes are packed in a can containing 6 lbs. 10 oz., net weight.

The applicable subheading for this tomato product will be 2103.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforother otherothertomato-based preparations for sauces. 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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