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NY B88491




September 3, 1997

CLA-2-20:RR:NC:2:228 B88491

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.40.0000

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

RE: The tariff classification of prepared peas from India.

Dear Mr. Clark:

In your letter dated July 9, 1997, and a subsequent letter received August 7, 1997, you requested a tariff classification ruling.

Pictorial literature was submitted with you first letter. A sample and an ingredient breakdown accompanied your second letter. The sample was examined and disposed of. "Tasty Bite" brand Agra Peas and Greens consists of 51 percent peas, 15 percent onion, 12 percent tomato, 6 percent cream, 5 percent cashew nuts, 4 percent spinach, 3 percent greens, 1 percent each of sunflower oil, sea salt, and garlic, and less than one percent each of ginger, red chili, coriander, cumin, tumeric, herbs, and spices, put up in an aluminum pouch in a box containing 10.59 ounces, net weight. Examination of the sample found the product to be in the form of whole peas in a creamy sauce with no other visible pieces of vegetables. Cooking instructions suggest heating on a stove top or in a microwave.

The applicable subheading for the prepared peas will be 2005.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006...peas (Pisum sativum). The rate of duty will be free.

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
National Commodity

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