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NY 816591

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December 8, 1995

CLA-2-20:RR:NC:FC:228 816591

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.10.0000, 2001.90.3900, 2005.90.5590, 2005.90.9700

Mr. Steven T. Rainey
STR Sales Inc.
P.O. Box N1655
San Luis AZ 85349

RE: The tariff classification of vegetables from Mexico.

Dear Mr. Rainey:

In your undated letter, received by our Nogales, AZ. district office on November 8, 1995, you requested a tariff classification ruling.

The merchandise is identified as chili peppers and cucumbers, imported in barrels, in a fermentation brine consisting of water, vinegar, and calcium chloride. After importation, the vegetables will be prepared by desalienating, adding spices, and packing in oil.

The applicable subheading for the cucumbers, when containing 0.5 percent or more of acetic acid, will be 2001.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, prepared or preserved by vinegar or acetic acid...cucumbers. The rate of duty will be 11.6 percent ad valorem. When containing less than 0.5 percent acetic acid, the cucumbers will be classified in subheading 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables...other. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for chili peppers, when containing 0.5 percent or more of acetic acid, will be 2001.90.3900, HTS, which provides for vegetables, prepared or preserved by vinegar or acetic acid...other...other...vegetables...other. The rate of duty will be 11.6 percent ad valorem. When containing less than 0.5 percent acetic acid, the applicable subheading for the chili peppers will be 2005.90.5590, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables...fruits of the genus Capsicum...other. The rate of duty will be 17.1 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 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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 2001.10.00 - Cucumbers including gherkins, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.39 - Vegetables (including olives) nesi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2005.90.55 - Fruits of the genus Capsicum or Pimenta, not pimientos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
• Tariff No.: 2005.90.97 - Vegetables nesoi,& mixtures of vegetables,prepared or preserved otherwise than by vinegar or acetic acid, not frozen, not preserved by sugar