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NY G81153




September 13, 2000

CLA-2-21:RR:NC:2:228 G81153

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. Ralph Natale
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

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

Dear Mr. Natale:

In your letter dated August 18, 2000, on behalf of Sidari’s foods, Cleveland, Ohio, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. La Perla Italian Peeled Tomatoes is said to be composed of whole peeled plum tomatoes in tomato puree with basil leaf, salt, and citric acid, and used for making sauce. Examination of the sample found whole and broken tomatoes measuring 1 1/2 – 3 1/4 inches in length, in tomato puree, with two basil leaves. The tomatoes are packed in a can containing 1 pound 12 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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