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April 27, 1999

CLA-2-20:RR:NC:2:228 E80705

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700

Mr. Anthony Fondacaro
T.H. Weiss Inc.
2 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of vegetable curry from Germany

Dear Mr. Fondacaro:

In your letter dated February 8, 1999, on behalf of Miller and Company, Hamburg, Germany, you requested a tariff classification ruling.

A sample and ingredients breakdown were submitted under separate cover. The sample was opened, examined and disposed of. “Trader Joe’s Vegetable Curry” consists of vegetables in a thick, mustard-colored sauce, packed in a pull-top metal can holding 14 ounces, net weight. It is said to be composed of 37 percent water, 12 percent each of carrots, onions, and potatoes, 8 percent bamboo shoots, 4 percent peas, and smaller quantities of cream, sugar, wheat flour, spices, starch, milk protein, salt, yeast extract, guar gum, citric acid, and mono and diglycerides.

The applicable subheading for the vegetable curry will be 2005.90.9700, 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 and mixtures of vegetables...other. The rate of duty will be 12.2 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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