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NY 806945

March 9, 1995

CLA-2-7:S:N:N7:228 806945


TARIFF NO.: 0713.33.2090, 0713.33.4090

Ms. Deborah Clune
PBB Group
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of dried, culled beans from Canada

Dear Ms. Clune:

In your letter dated February 13, 1995, on behalf of Lackawanna Products Corporation, Clarence, NY, you requested a tariff classification ruling.

The merchandise is described as dried, broken, and discolored mixed beans, which are unsuitable for human consumption. The majority of the beans are said to be kidney beans. The merchandise will be used in the preparation of animal feeds.

The applicable subheading for the dried, culled beans, when entered for consumption during the period from May 1 to August 31, inclusive, will be 0713.33.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for dried leguminous vegetables, shelled, whether or not skinned or split...beans (Vigna spp., Phaseolus spp.)...kidney beans, including white pea beans...other...other. The rate of duty will be 2 cents per kilogram. If entered for consumption outside this period, or if withdrawn for consumption at any time, the applicable subheading will be 0713.33.4090, HTS. The rate of duty will be 3 cents per kilogram.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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
New York Seaport

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