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NY C84227




April 3, 1998

CLA-2-20:RR:NC:2:228 C84227

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.5040

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 letter dated January 30, 1998, you requested a tariff classification ruling.

Samples, submitted with your letter, were forwarded to the U.S. Customs laboratory for analysis. Peloponnese brand Roasted Sweet Red Peppers are whole, bright red, conical-shaped, peppers (Capsicum anuum), with the tops and seeds removed, in a solution composed of water, wine vinegar, salt, and concentrated grape juice. The Roasted Sweet Pepper Strips consist of roasted sweet red pepper strips (Capsicum anuum), in a solution of water, grapemust, sunflower oil, dried garlic slices, wine vinegar, salt, herbs, and spices. Laboratory analysis found the acetic acid of the whole peppers was 0.27 percent, and the pepper strips 0.26 percent. The whole peppers are put up in 5.75-lb. cans. The pepper strips are put up in 5-lb. Cryovac plastic bags.

The applicable subheading for the Roasted Sweet Red Peppers, and the Roasted Sweet Pepper Strips 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 8.6 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,

Robert B. Swierupski
Director,

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