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NY H81950





June 25, 2001

CLA-2-21:RR:NC:2:228 H81950

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9050

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

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

Dear Mr. Bruzzone:

In your letter dated June 7, 2001, on behalf of Roma Foods Enterprises, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Amoroso brand Peeled Tomatoes in Juice with Basil is said to be composed of 60 percent peeled tomatoes, 40 percent tomato juice, salt, citric acid, and basil leaves. Examination of the sample found whole and broken peeled tomatoes measuring between 2-1/2 and 3-1/4 inches in length, in tomato juice, with one basil leaf. The tomatoes are packed in a 6 pound 10 ounce can.

The applicable subheading for this tomato product will be 2002.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acidtomatoes, whole or in piecesother. The rate of duty will be 12.5 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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