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NY F81420




January 12, 2000

CLA-2-21:RR:NC:2:228 F81420

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Oreste Speciale
Oesse Foods, Inc.
906 West Main street
Branford, CT 06405

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

Dear Mr. Speciale:

In your letter dated December 21, 1999 you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. “LaVera” brand Italian Peeled Tomatoes in Tomato Puree with Basil Leaf is said to be composed of peeled tomatoes, tomato puree, salt, citric acid and basil. The sample consisted of whole, peeled tomatoes measuring approximately 2 to 3 inches long, in tomato puree, with one whole basil leaf, packed in a can holding 6 pounds, 9 ounces, net weight. This tomato product will also be shipped with the “La Regina,” “Eurama,” “Liuzzi,” “Lia,” “Sclafani,” and “Barbera” brand names, packed in cans containing 28 ounces, 35 ounces, 90 ounces, and 105 ounces.

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 6.4 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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