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NY G82277




October 4, 2000

CLA-2-21:RR:NC:2:228 G82277

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 a canned tomato product from Italy.

Dear Mr. Elshafi:

In your letter dated September 15, 2000, on behalf of Agrigento Imports, Ltd., West Babylon, New York, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Your letter states the Agrigento brand Italian Plum Peeled Tomatoes contains plum peeled tomatoes, tomato puree, basil leaf, citric acid, and salt. Examination of the sample found whole peeled tomatoes measuring between 2 and 3-1/4 inches in length, in a medium puree, and one basil leaf. The sample was packed in a can containing 6 lbs. 9 ozs., net weight. Your letter indicates this product, constituted as described above, will also be available in containers holding 28 ozs., 5 lbs. 10 ozs., and 6 lbs. 10 ozs., 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 6.4 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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