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NY 815086




October 12, 1995

CLA-2-20:R:N2:228 815086

CATEGORY: CLASSIFICATION

TARIFF NO.: 2002.90.0050

Ms. Rosalyn McKenna
A.J. Arango, Inc.
P.O. Box 75062
Tampa, FL 33675-5062

RE: The tariff classification of strained tomatoes from Italy

Dear Ms. McKenna:

In your letter dated September 9, 1995, on behalf of Vigo Importing Co., Inc., Tampa, FL, you requested a tariff classification ruling.

A sample accompanied your letter, was examined, and disposed of. The product is a red, free-flowing, pulpy product, said to be composed of 99.4 percent tomatoes, and .6 percent salt, packed in a glass jar containing 700 grams, net weight. The product label, which is written in Italian, states the dry matter content is seven percent.

The applicable subheading for the strained tomatoes will be 2002.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...other...other. The rate of duty will be 13.3 percent.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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