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NY 871802


March 2, 1992

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900

Ms. Patricia Farrell
Export-Import Services, Inc.
900 Route 9
Woodbridge, NJ 07095-1003

RE: The tariff classification of alcaparrado from Spain

Dear Ms. Farrell:

In your letters dated February 5, 1992 and February 24, 1992, on behalf of Goya Foods, Inc., Secaucus, NJ, you requested a tariff classification ruling.

An ingredients breakdown was provided with your letter of February 24; two samples accompanied your first letter. One sample was forwarded to the U.S. Customs laboratory for analysis, the second was opened, examined and disposed of. The product, "alcaparrado," is a mixture of approximately 60 percent whole, green, manzanilla olives, 25 percent pimiento slices, and 15 percent capers, in a liquid medium composed of water, salt, and acetic acid, packed in glass jars containing 2, 4 1/2, 5, 8, 10, or 20 ounces, net drained weight. Analysis found the product to contain 0.56 percent acetic acid.

The applicable subheading for the alcaparrado will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables...prepared or preserved by vinegar or acetic acid... other...vegetables...other. The rate of duty will be 12 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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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