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NY J89880

July 9, 2004
CLA-2-20:RR:NC:2:228 J89880


TARIFF NO.: 2001.90.3800, 2005.90.9700

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Mr. Gat:

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

Two samples were submitted with your letter. One of the samples was forwarded to the Customs laboratory for analysis, the other was examined and disposed of. Item no. OV-206134A contains black beans, pink beans, lentils, split green peas, black eyed beans, and red beans, in canola oil. Item no. OV-206134B contains layers of yellow, red, and green chili slices in a liquid medium. The products are put up in crankshaft-shaped bottles measuring 12-1/4 inches tall and 2-3/4 inches wide. Laboratory analysis found item no. OV-206134B contained 3.88 percent acetic acid.

The applicable subheading for item no. OV-206134B, 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.

The applicable subheading for item no. OV-206134A will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesother. The rate of duty will be 11.2 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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