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NY E89880




December 16, 1999

CLA-2-21:RR:NC:2:228 E89880

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. David L. Simon
1155 Connecticut Avenue, NW
Suite 300
Washington, DC 20036

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

Dear Mr. Simon:

In your letter dated November 12, 1999, on behalf of Vitelli Foods LLC, Fair Lawn, NJ, you requested a tariff classification ruling.

A sample, an ingredients breakdown, photocopies of the product label, and a description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. Luigi Vitelli brand Italian Peeled Tomatoes with Basil Leaf is said to be composed of peeled tomatoes, tomato puree, salt, citric acid, and basil leaf, intended for use as a base for tomato sauce. Examination of the sample found it to contain whole and broken tomatoes measuring 3-3 ½ inches in tomato puree, with one whole basil leaf. The tomatoes are packed in a can containing 6 lbs. 10 oz., net weight.

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 ad valorem. Effective January 1, 1999 the rate of duty will be 6.4 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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