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NY C80711




December 16, 1997

CLA-2-20:RR:NC:2:228 C80711

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.5040

Mr. Jeffrey A. Zadow
Gourmet America
350 Lincoln Street
Hingham, MA 02043-1507

RE: The tariff classification of prepared sweet peppers from Greece

Dear Mr. Zadow:

In your letters dated September 8, 1997 and October 14, 1997 you requested a tariff classification ruling.

Two samples, submitted with your second letter, were forwarded to the U.S. Customs laboratory for analysis. Peloponnese brand Roasted Sweet Peppers are whole, bright red, conical-shaped, peppers, with the tops and seeds removed, in a solution composed of water, wine vinegar, salt, and grape must. The Roasted Sweet Pepper Strips in Marinade consists of bright red pepper strips in a solution of water, canola oil, dried garlic, salt, dehydrated parsley, paprika, spice, red wine vinegar, and grape must. Laboratory analysis found the acetic acid content of the whole peppers was .13 percent, and the pepper strips .38 percent. The whole peppers are put up for retail sale in a glass jar containing 13 ounces, and the pepper strips are in a plastic tray containing 10 ounces, net weight.

The applicable subheading for the Roasted Sweet Peppers and the Roasted Sweet Pepper Strips in Marinade will be 2005.90.5040, 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 vegetables ...fruits of the genus Capsicum (peppers)...Pimientos (Capsicum anuum)...other. The rate of duty will be 8.8 percent ad valorem. Effective January 1, 1998, the rate of duty will be 8.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the peppers in 5-lb. Cryovac plastic bags and in 5.75-lb. tins. Your request for a classification ruling should include two samples of each product. 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,

Robert B. Swierupski
Director,

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