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NY A81694



April 17, 1996

CLA-2-20:RR:NC:FC:228 A81694

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900

Mr. Juan Leon
Rudolph Miles & Sons, Inc.
4950 Gateway East
P.O. Box 11057
El Paso, Texas 79983

RE: The tariff classification of prepared jalapeno peppers from Mexico.

Dear Mr. Leon:

In your letter dated March 13, 1996, on behalf of Anchor Food Products, Inc., you requested a tariff classification ruling.

The merchandise is described as jalapeno peppers in various forms including halves, slivers, diced and shells that have been cleaned, blanched in a 190 degree solution of acetic acid and water, and hot filled into a five gallon pail or polybag. A brine solution is added, the pail or poly bag is sealed and stored in a refrigerated state for up to one year. Based upon lab analysis you have submitted the peppers contain between 0.54 percent and 0.87 percent acetic acid. After importation the peppers will be washed and used as raw materials in several appetizer products.

The applicable subheading for the jalapeno peppers 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 11.2 percent ad valorem.

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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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