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NY L84376

July 20, 2005

CLA-2-20:RR:NC:2:228 L84373


TARIFF NO.: 2001.90.3800, 2005.51.4040

Mr. Shachar Gat
16871 Noyes Avenue
Irvine, CA 92606

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

Dear Mr. Gat:

In your letter dated May 9, 2005, you requested a tariff classification ruling.

Samples, lists of ingredients, and illustrative literature were submitted with your letter. Two of the samples were forwarded to the U.S. Customs and Border Protection laboratory for analysis. Item no. OV-213578 (a) contains red chili rings inserted into green chili rings and green chili rings inserted into orange chili rings, in a liquid solution. Item no. OV-213578 (b) contains black beans, mung beans, and white beans, in canola oil. Item no. OV-213578 (c) consists of red green, and orange chili logs, and garlic inserted into red, green, and orange chili rings, in a liquid medium. Laboratory analysis found Item no. OV-213578 (a) contained 4.96 percent acetic acid. Item no. OV-213578 (c) contained 4.90 percent acetic acid. Each item is put up in a bottle measuring 14 inches tall and 3 inches in diameter at the base.

The applicable subheading for item no. OV-213578 (a) and item no. OV-213578 (c) 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-213578 (b) will be 2005.51.4040, 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 the entire contents of the container.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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