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NY G83616

November 3, 2000

CLA-2-09:RR:NC:2:231 G83616


TARIFF NO.: 0904.20.6010

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

RE: The tariff classification sun dried, sweet, red peppers from Turkey.

Dear Ms. Bell:

In your letter, dated October 23, 2000, you requested a classification ruling.

The merchandise is comprised of sun dried, sweet, red peppers containing salt and preservatives (sulfur dioxide and potassium sorbate). The family is Solanaceae; the genus and species are Capsicum annuum; the variety is Capsicum annuum california wonder. The common name is California wonder sweet bell pepper. They are packed in a plastic tray in a cardboard box. The net weight is 75 grams.

The applicable subheading for sun dried, sweet, red peppers will be 0904.20.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum (peppers) or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, bell peppers. The rate of duty will be 2.5 cents per kilogram.

Articles classifiable under subheading 0904.20.6010, HTS, which are products of Turkey, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on “CEBB” and then search for the term “GSP.”

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.


Robert B. Swierupski

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