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NY H86897

January 17, 2002

CLA-2-09:RR:NC:2:231 H86897


TARIFF NO.: 0904.20.7300

Mr. Harold Osborn
Mc Ilhenny Company
Avery Island, LA 70513

RE: The tariff classification of a mixture of red Tabasco pepper mash and salt from Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Nicaragua, and Panama.

Dear Mr. Osborn:

In your letter, dated January 10, 2002, you requested a tariff classification ruling.

The merchandise is comprised of a mixture of red Tabasco pepper mash (Capsicum frutescens) and salt. It will be imported in barrels and tanks and then kept in barrels for three years. After three years have elapsed, the mixture will be further processed into Tabasco sauce.

The applicable subheading for mixtures of red Tabasco pepper mash and salt will be 0904.20.7300, 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 or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, ground, mixtures of mashed or macerated hot red peppers and salt. The rate of duty will be free.

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 (646) 733-3030.


Robert B. Swierupski

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