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NY E89176




November 19, 1999

CLA-2-21:RR:NC:2:228 E89176

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

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

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

Dear Mr. Torres:

In your letter dated October 20, 1999, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Your letter states the product contains whole peeled tomatoes, medium tomato puree, basil leaf, citric acid, and salt. Examination of the sample found whole peeled tomatoes measuring between 2 and 3-1/2 inches in length, in tomato puree, and 1 whole basil leaf, packed in an unlabeled can stated to contain 800 grams, net weight. It will be used for making 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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