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NY D84438




November 20, 1998

CLA-2-20:RR:NC:2:228 D84438

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.40.0020

Ms. Stella McCamish
Milky Way Int'l Trading Co.
P.O. Box 469
Norwalk, CA 90650

RE: The tariff classification of canned Asian pears from China.

Dear Ms. Stella McCamish:

In your letter dated October 30, 1998, you requested a tariff classification ruling.

Two samples, submitted with your letter, were examined and disposed of. The product, "Polar" brand Asian Pears, consists of peeled and quartered Asian pears in a liquid medium of sugar and water, put up in cans containing 15 ounces, net weight.

The applicable subheading for the canned Asian pears will be 2008.40.0020, 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...pears...in containers each holding less than 1.4 kilograms. The rate of duty will be 16.2 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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