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NY 890395

October 15, 1993



TARIFF NO.: 0711.90.6000; 2005.90.9500

Mr. John W. Cain
Cain Customs Brokers
P.O. Box 150
Hidalgo, TX 78557

RE: The tariff classification of prepared vegetables from Mexico

Dear Mr. Cain:

In your letters dated July 5, 1993 and September 8, 1993, on behalf of Ann O'Brien, SA de CV, you requested a tariff classification ruling.

Samples, submitted with your first letter, were examined and disposed of. The sample identified as "brined chilies" consists of sliced jalapeno peppers in a liquid solution. Your letter indicates that the actual product to be imported may be composed of different varieties of chili pepper, and the vegetable may be sliced, diced, or halved. In all scenarios, the chilies will be placed into a liquid solution of water, salt, citric acid, vinegar, and, in some situations, preservatives. The brined chilies are not suitable for consumption as imported, but must be further prepared by washing with fresh water to remove excess salt and chemicals. The ultimate use of these peppers, after processing, will be as an ingredient in a variety of prepared foods. The sample called "salsa base" consists of chopped onions and chili peppers, water, salt, citric acid, vegetable gum, and spices. The chopped vegetables comprise 84 percent of the product, and will vary, depending on customer specifications, from 75 percent chilies and 25 percent onions, to 75 percent onions and 25 percent chilies. The imported base will be combined with chopped tomatoes, cooked, and packaged in hermetically sealed containers.

The applicable subheading for the brined chilies will be 0711.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables provisionally preserved...but unsuitable in that state for immediate consumption...other vegetables...other. The duty rate will be 12 percent ad valorem.

The applicable subheading for the salsa base will be 2005.90.9500, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables...other. The rate of duty will be 17.5 percent ad valorem.

Articles classifiable under subheadings 0711.90.6000 and 2005.90.9500, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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