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NY I85573

January 6, 2003

CLA-2-20:RR:NC:2:228 I85573


TARIFF NO.: 2001.90.3500

Mr. Andrew Jacobson
Yankee Export Solutions
70 South Street
Freehold, NJ 07728

RE: The tariff classification of prepared peppers from Bulgaria

Dear Mr. Jacobson:

In your letter dated August 21, 2002 you requested a tariff classification ruling.

Samples and product labels were submitted with your letter. One sample was forwarded to the U.S. Customs laboratory for analysis; a second sample was opened, examined, and disposed of. Little Nickii brand Roasted Peppers With Garlic consists of whole, red-colored, conical-shaped peppers, with the tops and seeds removed, in a liquid medium composed of water, salt, and acetic acid. A single clove of garlic was found in the sample. The peppers in their flattened form ranged in size from approximately 3 ½ to 5 inches in length and 2 to 2 ½ inches wide at the shoulder. Laboratory analysis found the acetic acid content to be 0.96 percent. The sample was put up in a glass jar containing 547 grams, net weight. Your letter states the imported peppers will be packed for retail sale in glass jars containing 0.58 or 0.72 liters.

The applicable subheading for this product will be 2001.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetablesprepared or preserved by vinegar or acetic acidothervegetablespimientos (Capsicum anuum). The rate of duty will be 8.1 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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