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NY L83028

March 30, 2005

CLA-2-20:RR:NC:N2:228 L83028


TARIFF NO.: 2001.90.3800

Mr. Vincent Arguimbau
Kiwi Trading Company
4 Davenport Avenue
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of prepared peppers from Greece and Turkey

Dear Mr. Arguimbau:

In your letter dated March 14, 2005, you requested a tariff classification ruling.

A sample jar of Star brand “Imported Greek Pepperoncini” and an independent laboratory report of “pepperoncini (sample from barrel),” accompanied your letter. It is our understanding the laboratory report represents the goods in their condition as imported, and the jarred product is the product after repackaging in the United States.

Your letter describes the product as whole peppers, cured in acid brine for several months before shipping. After curing the peppers are shipped in 120-kilogram drums in a solution of water, salt, citric acid, acetic acid, and sodium bisulfite. The independent laboratory report states the acetic acid content of the imported peppers is 0.62 percent.

The applicable subheading for the imported peppers will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetablesprepared or preserved by vinegar or acetic acidotherother vegetablesother. The rate of duty will be 9.6 percent ad valorem.

Articles classifiable under subheading 2001.90.3800, HTS, which are products of Turkey 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".

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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