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NY 857292


Nov 19, 1990

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900

Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service
P.O. Box 188
Champlain, NY 12919

RE: The tariff classification of red tomato piccalilli from Canada

Dear Ms. Trombley:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : October 12, 1990

ON BEHALF OF : Gattutso-Habitant, Quebec, Canada

DESCRIPTION OF
MERCHANDISE : "Howard's Red Tomato Piccalilli," a food product consisting of finely chopped vegetables in a reddish- brown liquid medium, packed in glass jars containing 11 ounces, net weight.
The stated ingredients are vinegar, sugar and/or corn syrup, tomato paste, cauliflower, celery,apple pulp, green peppers, tomatoes, onions,starch, salt, spices, garlic powder, flavorings and benzoate of soda. Laboratory analysis found the acetic acid content to be 1.1 percent.

HTS PROVISION : Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...vegetables... other.

HTS SUBHEADING : 2001.90.3900

RATE OF DUTY : 12 percent ad valorem

DUTY CONCESSION : Goods classifiable under subheading 2001.90.3900, HTS, which have originated in the territory of Canada, will be entitled to a 9.6 percent ad valorem rate of duty under the United States -Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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