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NY D83769




December 18, 1998

CLA-2-20:RR:NC:2:228 D83769

CATEGORY: CLASSIFICATION

TARIFF NO.: 2002.90.8050

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, New Jersey 07663-5910

RE: The tariff classification of a food product from England.

Dear Ms. Bell:

In your letter dated October 16, 1998, you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the U.S. Customs Laboratory for analysis. Chalice brand Sun Dried Tomato Tapenade is a reddish-brown colored, soft spread, composed of sundried tomatoes, rapeseed oil, red wine vinegar, herbs, spices, apple juice concentrate, oregano and salt. The laboratory analysis found the tapenade to contain 0.32 percent acetic acid. The product is put up in a glass jar containing 3.17 ounces, net weight.

The applicable subheading for the Sun Dried Tomato Tapenade will be 2002.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...other...other...other. The rate of duty will be 12.3 percent ad valorem. Effective January 1, 1999, the rate of duty will be 11.9 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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