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NY 887814

July 12, 1993



TARIFF NO.: 0709.90.4080

Mr. Guillermo B. Lizarraga
Lizarraga International Customs Broker
8490 Avenida de la Fuente, Suite 2
San Diego, Otay Mesa, CA 92173

RE: The tariff classification of fresh vegetables from Mexico

Dear Mr. Lizarraga:

In your letter dated June 21, 1993, on behalf of S.K. Produce, Los Angeles, CA, you requested a tariff classification ruling.

The letter identifies six vegetables by their common and scientific (i.e., botanical) names. All are members of the gourd (Cucurbitaceae) family, although of different genera and species.

The applicable subheading for the "long squash" (Lagenaria siceraria) and the "bitter melon" (Momorodica balsamina) will be 0709.90.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables, fresh or chilled...other...other. The rate of duty will be 25 percent ad valorem.

The tariff classifications for the remaining four vegetables - "sing kwo" (Luffa acutangula), "pathora squash" (Luffa cylindrica), "fuzzy squash" (Benincasa hispida), and "small bitter melon" (Momordica charantia) - were provided to your client in pre-entry classification ruling No. 867586, dated October 23, 1991. A copy of that ruling is attached.

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

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