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NY 887367




July 16, 1993

CLA-2-9:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.20.7000; 2005.90.5590

Mr. John W. Cain
415 S. Industrial
P.O. Box 150
Hidalgo, TX 78557

RE: The tariff classification of prepared jalapeno peppers from Mexico

Dear Mr. Cain:

In your letter dated June 16, 1993, on behalf of Ann O'Brien S.A. de C.V., you requested a tariff classification ruling.

Samples accompanied your letter, were examined, and disposed of. The product described as "ground chilies" is said to consist of 86 percent ground chili peppers, 11 percent water, and 1.5 percent each of citric acid and salt. The product is made by grinding jalapeno peppers into a homogenous, creamy mass, mixing with water, salt, and citric acid, heating, and packing into containers holding from two to 200-kilograms. The product called "Mexican sauce mix" consists of finely chopped jalapeno peppers blended with water, salt, citric acid, and spices, cooked and packed into 2-kilogram cans, 20-kilogram pails, or 200-kilogram barrels. After importation, this "sauce mix" will be blended with diced tomatoes to create a sauce that will be sold at retail.

The applicable subheading for the "ground chilies" will be 0904.20.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for dried or crushed or ground fruits of the genus Capsicum (peppers)...other...ground. The duty rate will be 11.2 cents per kilogram.

The applicable subheading for the "sauce mix" will be 2005.90.5590, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...fruits of the genus Capsicum (peppers)...other...other. The rate of duty will be 17.5 percent ad valorem.

The Generalized System of Preferences (GSP) expired at midnight July 4, 1993. There is the possibility that legislation will be enacted that will renew GSP retroactively to its date of expiration. In the event that this occurs, articles classifiable under subheading 0904.20.7000, HTS, which are products of Mexico, would be entitled to duty free treatment under the GSP upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the jalapeno halves. Your request for a classification ruling should include a more detailed description of the production process. Please elaborate on all stages in the packing process. If the product is subjected to heat at any point after initial blanching, provide a full description of the processing. Additionally, provide a more complete description of all operations performed on the peppers after importation.

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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