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NY J89879




November 5, 2003

CLA-2-20:RR:NC:2:228 J89879

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.51.4040

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

RE: The tariff classification of beans in oil from China.

Dear Mr. Gat:

In your letter dated October 13, 2003, you requested a tariff classification ruling.

Samples and a list of ingredients were submitted with your letter. The samples have been examined and disposed of. Item no. OV206133A consists of a bottle filled with red beans on one side, black beans on the other, and canola oil. Item no. OV-206133B contains black-eyed peas on one side, black beans on the other, and canola oil. The bottles measure 11-3/4 inches tall.

The applicable subheading for item nos. OV206133A and OV-206133B will be 2005.51.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006beans (Vigna spp., Phaseolus spp.)beans, shelledotherother. The rate of duty will be 2.1 cents per kilogram on entire contents of container.

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.

Sincerely,

Robert B. Swierupski
Director,

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