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NY N008230

May 1, 2007



TARIFF NO.: 2002.10.0020

Mr. John Cammarano
The Jane Group of New York, Inc.
150-14 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification of sun-dried tomatoes in oil from Italy.

Dear Mr. Cammarano:

In your letter dated March 10, 2007, on behalf of Academia Barilla, Parma, Italy, you requested a tariff classification ruling.

The samples submitted with your request were forwarded to the Customs laboratory for analysis. Sunshine Tomatoes is said to be composed of semi-dried tomatoes, sunflower seed oil, wine vinegar, salt, and natural flavorings. The samples were packed in 800 gram cans. Laboratory analysis found the samples contained 0.04 percent acetic acid.

The applicable subheading for the Sunshine Tomatoes will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid. tomatoes, whole or in piecesin containers holding less than 1.4 kilograms. The rate of duty will be 12.5 percent ad valorem. However, the Harmonized Tariff Schedule of the United States has been modified by adding in numerical sequence the following superior text and subheading to subchapter III of chapter 99 to the HTS:

Articles the product of France, the Federal Republic of Germany, or Italy:

9903.02.39 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, whole or in pieces (provided for in subheading 2002.10).

Under this provision, the tomato product from Italy, classified under subheading 2002.10.0020, HTSUS, is subject to a 100 percent ad valorem rate of duty.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 646-733-3029.


Robert B. Swierupski

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