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NY E86140




September 20, 1999

CLA-2-21:RR:NC:2:228 E86140

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Pablo Torres
Corex S.P.A.
S.S. 19 n. 3/5-84091
Battipaglla (SA) Italy

RE: The tariff classification of canned tomato product from Italy.

Dear Mr. Torres:

In your letters dated July 28, 1999, and August 19, 1999, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Crudele brand Italian peeled tomatoes with basil is stated in your letter to contain whole peeled tomatoes, medium tomato puree, basil leaf, citric acid, and salt. Examination of the product revealed whole and broken peeled tomatoes, measuring approximately 3 inches in length, and one whole basil leaf, in a thin watery red liquid. The product is packed in a metal can containing 6 lbs. 12 ozs., net weight, and used in the production of sauces.

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

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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