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NY B88088




August 26, 1997

CLA-2-20:RR:NC:2:228 B88088

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9097

Mr. David D. Clarke
Preferred Brands, Inc.
1445 East Putnam Ave.
Old Greenwich, CT 06870

RE: The tariff classification of prepared vegetables from India

Dear Mr. Clarke:

In your letter dated July 14, 1997 you requested a tariff classification ruling.

A sample and ingredients breakdown were submitted with your letter. The sample was opened, examined, and disposed of. Tasty Bite brand "Bombay Potatoes" (Alu Chole) is a prepared food product said to consist of 40 percent potatoes, 19 percent onions, 17 percent tomatoes, 12 percent chickpeas, 5 percent sunflower oil, 2 percent each of ginger and garlic, and one percent each of coriander, red chili powder, salt, and herbs and spices. Examination of the sample found the product to be in the form of chunks of potatoes and whole chickpeas in an aromatic, brown sauce. Bombay Potatoes is packed in a sealed, aluminum retort pouch in a printed cardboard box, with a net weight of 300 grams.

The applicable subheading for this product will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...other vegetables and mixtures of vegetables...other. The duty rate will be 14.4 percent ad valorem.

Articles which are classifiable under subheading 2005.90.9700, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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