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NY D80637




September 25, 1998

CLA-2-20:RR:NC:2:228 D80637

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.91.0000

Ms. Paula Tsarnas
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of marinated hearts of palm from Costa Rica.

Dear Ms. Tsarnas:

In your letter dated July 21, 1998, you requested a tariff classification ruling.

Samples submitted with your letter were forwarded to the U.S. Customs laboratory for analysis. "Lacima" brand marinated hearts of palm consists of pieces of hearts of palm approximately 7/8 inches in length, onion, spices, pepper, and salt in a liquid medium of vinegar, soya oil, citric acid, and ascorbic acid. Analysis found the acetic acid content to be 0.39 percent. The product is packed in a glass jar containing 125 grams, net weight.

The applicable subheading for the marinated hearts of palm will be 2008.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...other, including mixtures other than those of subheading 2008.19...palm hearts. The rate of duty will be 0.9 percent ad valorem.

Articles classifiable under subheading 2008.91.0000, HTS, which are products of Costa Rica are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA), 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,

Robert B. Swierupski
Director,

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