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NY E85789




August 19, 1999

CLA-2-21:RR:NC:2:228 E85789

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Geremia Capolongo
Jerry Customhouse Broker
145-40, 157th Street
Jamaica, NY 11434

RE: The tariff classification of canned tomatoes from Italy

Dear Mr. Capolongo:

In your letter dated August 10, 1999, on behalf of Leonardo Palmieri Sales, Holtsville, NY, you requested a tariff classification ruling.

A sample, submitted with your letter, was opened, examined, and disposed of. The product is said to be composed of peeled plum tomatoes, tomato puree, basil, citric acid, and salt. Examination of the sample found it to consist of whole and broken tomatoes, the whole tomatoes measuring from 3 to 3-3/4 inches in length, in a thin tomato puree, with two whole basil leaves. The sample was packed in a metal can measuring 6 inches tall and 6-1/8 inches in diameter. The canned tomatoes, imported under the “DiCarlo” and “Arneo” brands, will be sold to purchasers in the food service industry, and used as a base for the preparation of tomato sauces.

The applicable subheading for this product will be 2103.90.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforÂotherÂotherÂother. The rate of duty will be 6.6 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.

Sincerely,

Robert B. Swierupski
Director,

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