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NY 858794


Jan 9, 1991

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 Road, P.O. Box 188
Champlain, NY 12919

RE: The tariff classification of hot pepper relish 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 : Dceember 11, 1990

ON BEHALF OF : Gattuso-Habitant

DESCRIPTION OF
MERCHANDISE : "Howard's Hot Pepper Relish,"consisting of finely chopped vegetables in a thick, syrup like medium, put up in a glass jar containing 11 ounces, net weight. The stated ingredients are red and green peppers, sugar and/or corn syrup,vinegar, cauliflower, water, salt, starch, onions, spices, flavorings, and benzoate of soda. A sample, analyzed by the U.S. Customs laboratory, contained .6 percent acetic acid.

HTS PROVISION : Vegetables...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 8.4 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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