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NY J87447

September 22, 2003

CLA-2-20:RR:NC:2:228 J87447


TARIFF NO.: 2001.90.3800

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of preserved vegetables from China.

Dear Mr. Gat:

In your letter dated July 14, 2003, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. The samples were forwarded to the Customs laboratory for analysis. Item no. FV-205406A Giant Twist contains whole red chili peppers in a liquid medium. Item no. FV-205406B Giant Twist contains layers of sliced red chili peppers, green chili peppers, and garlic bulbs, in a liquid medium. Both products are put up in glass bottles measuring 15-3/4 inches tall and 3-1/2 inches at the base. Laboratory analysis found Item no. FV-205406A contained 3.94 percent acetic acid, and item no. FV-205406B contained 3.04 percent acetic acid.

The applicable subheading for item no. FV-205406A Giant Twist and item no. FV-205406B Giant Twist 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 acid...other... vegetables... other. 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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