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NY H83512

July 27, 2001

CLA-2-21:RR:NC:2:228 H83512


TARIFF NO.: 2103.90.9050

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 July 13, 2001, 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 Nina and Baresi brand Italian Peeled Tomatoes. Both are said to contain peeled tomatoes, tomato puree, salt, citric acid, and basil leaf. Examination of two samples found whole and broken tomatoes in tomato puree, with one basil leaf in each can. The tomatoes in the Nina brand sample measured between 2-3/4 and 3-1/4 inches in length. The tomatoes in the Baresi brand sample measured between 2-3/8 and 3-3/4 inches. The products are packed in cans containing 6 lbs. 10 oz., and 2 lbs. 3 oz., net weight.

The applicable subheading for these tomato products 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.


Robert B. Swierupski

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