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NY 857291

Nov 16, 1990



TARIFF NO.: 2005.90.9500

Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service
P.O. Box 188
Champlain, NY 12919

RE: The tariff classification of sweet pepper relish from Canada

Dear Ms. Trombley:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : October 12, 1990

ON BEHALF OF : Gattuso-Habitant, Quebec, Canada

MERCHANDISE : "Howard's Sweet Pepper Relish," consisting of chopped vegetables in a thick, sweet, syrup-like medium, packed in a glass jar containing 11 ounces, net weight.
The stated ingredients are red peppers, sugar and/or corn syrup, vinegar, cauliflower, starch, salt, dehydrated onions,mustard seeds, flavorings and benzoate of soda. Analysis found the acetic acid content to be 0.4 percent.

HTS PROVISION : Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables...other.

HTS SUBHEADING : 2005.90.9500

RATE OF DUTY : 17.5 percent ad valorem

DUTY CONCESSION : Goods classifiable under subheading 2005.90.9500, HTS, which have originated in the territory of Canada, will be entitled to a 14 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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