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NY J89881




July 9, 2004
CLA-2-20:RR:NC:2:228 J89881

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000

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.

The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. FV-206135A consists of layers of sliced red chilis, green chilis, kumquats, and a starfruit slice, in a liquid medium. Item no. FV-206135B contains sliced yellow chilis, green olives, and cranberries a liquid medium. The products are put up in segmented glass bottles measuring 14 inches tall and 2-1/2 wide. Laboratory analysis found the item FV-206135A contained 4.68 percent acetic acid, and item FV-206135B contained 4.23 percent acetic acid.

The applicable subheading for item nos. FV-206135A and FV-206135B will be 2001.90.6000, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...other...other. The rate of duty will be 14 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.

Sincerely,

Robert B. Swierupski
Director,

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