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NY C84380

February 23, 1998

CLA-2-20:RR:NC:2:228 C84380


TARIFF NO.: 2005.90.5510

Mr. Robin A. Huff
Inter-Maritime Forwarding Company, Inc.
156 William Street
New York, NY 10038-2689

RE: The tariff classification of roasted bell peppers from Spain

Dear Mr. Huff:

In your letter dated December 28, 1997, on behalf of World Finer Foods, Inc., Bloomfield, NJ, you requested a tariff classification ruling. Your letter was received by this office on February 13, 1998.

A sample, submitted with your letter, was examined and disposed of. The sample consists of two whole, red bell peppers, with the tops and seeds removed, in a clear liquid, put up in a glass jar containing 7 ounces, net weight. The ingredients, as stated on the product label, are peppers, water, salt, and citric acid.

The applicable subheading for the roasted bell peppers will be 2005.90.5510, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables...fruits of the genus Capsicum (peppers)...other... sweet bell-type peppers. The rate of duty will be 15.8 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 212-466-5760.


Robert B. Swierupski

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