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NY F82235




February 14, 2000

CLA-2-21:RR:NC:2:228 F82235

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 canned tomato products from Italy.

Dear Mr. Elshafi:

In your letter dated January 24, 2000, on behalf of D. Coluccio & Sons, Inc., Brooklyn, New York, you requested a tariff classification ruling.

Samples, submitted with your letter, were examined and disposed of. Your letter states the products contain plum peeled tomatoes, tomato puree, basil leaf, citric acid, and salt. Examination of the Marinella brand Italian Plum peeled Tomatoes in Tomato Puree – With Basil found whole peeled tomatoes measuring between 2 and 3-1/2 inches in length, in tomato puree, and one whole basil leaf. The La Bella San Marzano brand Italian Plum Peeled Tomatoes in Tomato Puree – With Basil contained whole and broken peeled tomatoes measuring between 2 1/2 and 3-1/2 inches in length, in thick tomato puree, and one whole basil leaf. The samples were packed in cans containing 5 lbs. 10 ozs., net weight. Your letter indicates the tomatoes will also be available in containers holding 28 ozs. and 6 lbs. 10 ozs., net weight., and will be used by the food service industry and consumers for making sauces.

The applicable subheading for these tomato products 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.

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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