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NY H84436

August 22, 2001

CLA-2-21:RR:NC:2:228 H84436


TARIFF NO.: 2103.90.9050

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

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

Dear Mr. Cordaro:

In your letter dated August 7, 2001, on behalf of Spineta SPA, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. The product is Nina brand Italian Peeled Tomatoes. It is said to contain peeled tomatoes, tomato puree, salt, citric acid, and basil leaf. Examination of the sample found whole tomatoes measuring between 2-3/4 and 3-3/4 inches in length, in tomato puree with three basil leaves, put up in a can containing 5 lbs. 10 oz., net weight.

The applicable subheading for the 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.


Robert B. Swierupski

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