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NY I83247

October 15, 2002

CLA-2-20:RR:NC:2:228 I83247


TARIFF NO.: 2001.90.3800

Ms. Kathryn King
Ocean Fisheries Ltd.
13140 Rice Mill Road
Richmond, B.C. V6W 1A1 Canada

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

Dear Ms. King:

In your letter dated June 17, 2002, you requested a tariff classification ruling.

A sample and a list of ingredients were submitted with your letter. The sample was forwarded to the United States Customs laboratory for analysis. The Tuna/Thon Antipasto SnacKit is comprised of antipasto in a peel-top can containing 80 grams, net weight, 6 crackers in a plastic wrapper, a napkin, and plastic spoon. The components are put up in a plastic package, as a ready to eat snack kit. The antipasto is said to contain 44 percent vegetables (green and red bell pepper, green and black olive, cauliflower, carrot, mushroom, pickled onion, green bean, and pickled cucumber), 14 percent light tuna, water, ketchup, vinegar, sugar, onion juice, modified starch, soy bean oil, dill spice, paprika and onion oil. Laboratory analysis found the antipasto contained 0.84 percent acetic acid.

The applicable subheading for the Antipasto SnacKit will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherothervegetablesother. The rate of duty will be 9.6 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 646-733-3029.


Robert B. Swierupski

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