G83118 G8 Ruling Active

The tariff classification of canned tomato products from Italy.

Issued November 2, 2000 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2103.90.9060

Headings: 2103

Product description

The products are Italian Peeled Tomatoes stated to contain whole peeled tomatoes, tomato puree, basil leaf, salt, and citric acid. Examination of the Nina brand sample found whole tomatoes measuring between 2 1/2 - 3 1/4 inches, tomato puree, and 2 basil leaves. Examination of the Baresi brand sample found whole tomatoes measuring between 2 3/4 - 3 1/2 inches, tomato puree, and 1 basil leaf. Both products are packed in cans containing 35 ounces, net weight.

CBP rationale

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 therefor…other… other…other.

Full text

NY G83118 November 2, 2000 CLA-2-21:RR:NC:2:228 G83118 CATEGORY: Classification TARIFF NO.: 2103.90.9060 Mr. Francesco Cordaro Cordaro Shipping Co., Inc. 80 River Street Hoboken, NJ 07030 RE: The tariff classification of canned tomato products from Italy. Dear Mr. Cordaro: In your letter dated October 5, 2000, on behalf of Spineta SPA, you requested a tariff classification ruling. The samples submitted with your letter were examined and disposed of. The products are Italian Peeled Tomatoes stated to contain whole peeled tomatoes, tomato puree, basil leaf, salt, and citric acid. Examination of the Nina brand sample found whole tomatoes measuring between 2 1/2 - 3 1/4 inches, tomato puree, and 2 basil leaves. Examination of the Baresi brand sample found whole tomatoes measuring between 2 3/4 - 3 1/2 inches, tomato puree, and 1 basil leaf. Both products are packed in cans containing 35 ounces, net weight. 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 therefor…other… other…other. 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, National Commodity Specialist Division

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