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NY D83794




December 18, 1998

CLA-2-20:RR:NC:2:228 D83794

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.5510

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of a food product from England.

Dear Ms. Bell:

In your letter dated October 16, 1998, you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the U.S. Customs Laboratory for analysis. Chalice brand Sweet Red Pepper Tapenade is an orange colored, soft spread composed of red peppers, concentrated apple juice, sun dried tomato paste, tomato puree, red wine vinegar, water, onion powder, garlic powder, red pepper powder, mustard powder, black pepper, herbs and spices. The laboratory analysis found the tapenade to contain 0.46 percent acetic acid. The product is put up in a glass jar containing 3.17 ounces, net weight.

The applicable subheading for the Sweet Red Pepper Tapenade 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 than products of heading 2006...other vegetables and mixtures of vegetables...fruits of the genus capsicum (peppers)...other...sweet bell-type peppers. The rate of duty will be 15.8 percent ad valorem. Effective January 1, 1999, the rate of duty will be 15.3 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.

Sincerely,

Robert B. Swierupski
Director,

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