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NY L89369

December 29, 2005

CLA-2-20:RR:NC:N2:228 L89369


TARIFF NO.: 2005.90.5590; 2005.90.9700

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of vegetable preparations from India

Dear Ms. Mollinary:

In two letters dated November 23, 2005 you requested a tariff classification ruling.

Samples were submitted with your letters. Additional information was submitted via facsimile transmission on December 14, 2005. The samples were opened, examined, and disposed of.

The products consist of vegetables in sauce, packed for retail sale in a sealed foil pouch, in a cardboard box containing 285 grams, net weight. The sample of Kitchens of India brand Mixed Vegetable Curry – Navratan Korma was found to contain whole peas, chopped carrots, beans, potatoes, tomatoes, onions, and kohlrabi, chunks of cheese, and two cashew nut halves, in an aromatic sauce. Kitchens of India brand Mild Chilli Curry – Mirch Ka Salan consists of whole, seeded green chili peppers in a thick, creamy sauce.

The applicable subheading for the Mild Chilli Curry – Mirch Ka Salan will be 2005.90.5590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesfruits of the genus Capsicum (peppers)otherother. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the Mixed Vegetable Curry – Navratan Korma will be 2005.90.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesotherotherother. The rate of duty will be 11.2 percent ad valorem.

Articles classifiable under subheadings 2005.90.5590 and 2005.90.9700, HTSUS, which are products of India are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 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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