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NY E87194




September 24, 1999

CLA-2-21:RR:NC:2:228 E87194

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Moe Elshafi
Alba Wheels Up International, Inc.
One Exchange Place
Suite 501
Jersey City, NJ 07302-3911

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

Dear Mr. Elshafi:

In your letters dated June 25, 1999, and August 18, 1999, on behalf of Alanric Food Distributors, Inc. (Cento Fine Foods, Inc.), Thorofare, NJ, you requested a tariff classification ruling.

A sample, submitted with your letter was examined and disposed of. Cento brand Italian Peeled Tomatoes with Basil Leaf consists of whole peeled tomatoes measuring approximately 2.5 to 3.75 inches long, tomato puree and a basil leaf, packed in a can holding 108 ounces, net weight. Your letter states that this same product will also be imported under the Bellino and Ferrara brands. All will be sold to food service and other consumers 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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