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NY I85007

December 17, 2002

CLA-2-20:RR:NC:2:228 I85007


TARIFF NO.: 2003.10.0143

Ms. Marjorie Shapiro
Samuel Shapiro & Company, Inc.
123 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of prepared mushrooms from India

Dear Ms. Shapiro:

In your letter dated August 9, 2002, on behalf of Ron Son Mushrooms, Swedesboro, NJ, you requested a tariff classification ruling.

Samples, submitted with your letter, were forwarded to the U.S. Customs laboratory for analysis. The products are described as “marinated” mushrooms, prepared by soaking blanched whole mushrooms in a salt and vinegar brine, filling into drums, and refrigerating. The sample marked no. 1-4/3 is also stated to contain sodium benzoate; sample no. 2-4/3 is said to contain sodium benzoate and clove. Laboratory analysis determined sample no. 1-4/3 contained 0.31 percent acetic acid and 1.3 percent salt. Sample no. 2-4/3 contained 0.33 percent acetic acid and 1.2 percent salt. The imported mushrooms will be sold to repackers in the United States and marketed under a variety of brand names.

The applicable subheading for these mushrooms will be 2003.10.0143, Harmonized Tariff Schedule of the United States (HTS), which provides for mushroomsprepared or preserved otherwise than by vinegar or acetic acidmushrooms of the genus Agaricusin containers each holding more than 255 gwhole (including buttons). The rate of duty will be 6 cents per kilogram on drained weight, plus 8.5 percent ad valorem. The rate of duty will be unchanged in 2003.

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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