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NY K81509




February 9, 2004
CLA-2-20:RR:NC:2:228 K81509

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2103.90.8000

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

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

Dear Mr. Gat:

In your letter dated November 21, 2003, you requested a tariff classification ruling.

Two samples and illustrative literature were submitted with your letter. One sample was forwarded to the Customs laboratory for analysis. The second sample was examined and disposed of. Item no. OV-206130A contains red, yellow, and green chili peppers in a liquid medium. Item no. OV-206130B consists of strawberries and mango slices in canola oil. The products are put up in glass bottles measuring 12-1/4 inches tall and 3 inches wide at the base. Laboratory analysis found item no. OV-206130A contained 5.75 percent acetic acid.

The applicable subheading for item no. OV-206130A 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-206130B will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningothermixed condiments and mixed seasoningsother. The rate of duty will be 6.4 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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