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NY 807576




March 13, 1995

CLA-2-20:S:N:N7:228 807576

CATEGORY: CLASSIFICATION

TARIFF NO.: 2002.10.0020, 2002.10.0050

Mr. Morton Berger
13 Eastbourn Drive
Spring Valley, N.Y. 10977

RE: The tariff classification of tomatoes from Italy.

Dear Mr. Berger:

In your letters dated December 15, 1994, Jan 19, 1995 and February 20, 1995, on behalf of Ms. Gail J. General and Ms. Pamela D. Brown, you requested a tariff classification ruling.

The item is whole, plum tomatoes packed in cans weighing 6 lbs, 12 oz. and 1 lb, 12 oz. net weight.

The applicable subheading for the tomatoes packed in 1 lb. 12 oz. cans will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...whole or in pieces...in containers holding less than 1.4 kg.

The applicable subheading for the tomatoes packed in 6 lb. 12 oz. cans will be 2002.10.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...whole or in pieces...other...in airtight containers.

Pursuant to Presidential Proclamation 5759, as modified, products of Italy, classified in subheadings 2002.10.0020, HTS, and 2002.10.0050, HTS, will be subject to a rate of duty of 100 percent ad valorem, in subheading 9903.23.17, HTS.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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