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NY E87073




September 23, 1999

CLA-2-21:RR:NC:2:228 E87073

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Antonio Lisanti
L.F.I. Incorporated
271 Route 46 West, Suite C-101
Fairfield, NJ 07004

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

Dear Mr. Lisanti:

In your letter dated September 2, 1999, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Pelati brand Fancy Choice Italian Peeled Plum Tomatoes With Basil Leaf is stated to contain peeled plum tomatoes, tomato puree, basil leaf, salt, and citric acid. Examination of the sample revealed whole and broken peeled tomatoes measuring between 2 ½-3 ½ inches in length, and one basil leaf, packed in an unlabeled can measuring 6 inches tall and 6 inches in diameter. It will be sold to the food service industry for use in the preparation 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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