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NY K81513

February 25, 2004
CLA-2-20:RR:NC:2:228 K81513


TARIFF NO.: 2001.90.6000

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

RE: The tariff classification of preserved peppers and rosemary from China.

Dear Mr. Gat:

In your letter dated November 21, 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-206131B contains whole red peppers, yellow peppers, and rosemary in a liquid medium. The item is put up in a glass bottle measuring 17 inches tall and 2-1/2 inches wide. Laboratory analysis found the item contained 4.92 percent acetic acid.

The applicable subheading for item no FV-206131B will be 2001.90.6000, Harmonized Tariff Schedule, (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.

We are unable to issue a classification ruling on Item no. FV-206131A. The content description submitted with your request differs with the laboratory description. Please verify the actual components in item FV-206131A, and submit another sample.

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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