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NY G84250




November 30, 2000

CLA-2-20:RR:NC:2:228 G84250

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 tomato product from Italy.

Dear Mr. Speciale:

In your letter dated November 9, 2000, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. The “Branchinelli” brand of Italian Peeled Tomatoes is said to contain peeled tomatoes, tomato puree, basil leaf, salt, and citric acid. Examination of the sample found it contained whole peeled tomatoes measuring between approximately 2 to 3-3/4 inches, thick tomato puree, and one basil leaf. The sample was packed in a can containing 3000 grams, net weight.

The applicable subheading for the “Branchinelli” brand 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.

Your inquiry does not provide enough information for us to give a classification ruling on “Branchinelli” brand in the 90, 35, and 28-ounce sizes. Your request for a classification ruling should include a complete ingredients breakdown, by weight, and a sample in each size container.

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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