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NY A85202

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July 25,1996

CLA-2-20:RR:NC:FC:228 A85202

CATEGORY: CLASSIFICATION

TARIFF NO.: 2002.90.0050

Ms. Frances Fioravanti
Parmalat U.S.A. Corporation
60 Oxford Drive
Moonachie, New Jersey 07074

RE: The tariff classification of "crushed tomatoes" from Italy.

Dear Ms. Fioravanti:

In your letter dated June 24, 1996, you requested a tariff classification ruling.

Samples, submitted with your letter, were examined and disposed of. Pomi brand "crushed tomatoes" consists of 99.6 percent crushed tomatoes and 0.4 percent salt. It has a thick, soft, pulpy consistency, with no discernable tomato pieces. The product is pasteurized and aseptically packed in retail cartons containing 750 grams, net weight.

The applicable subheading for the "crushed 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 12.9 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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 2002.90.00 - Tomatoes, other than whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid