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NY G80877




September 18, 2000

CLA-2-20:RR:NC:2:228 G80877

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900

Mr. Jeff Zadow
Hormel Foods Corporation
1 Hormel Place
Austin MN 55912-3680

RE: The tariff classification of prepared vegetables from Mexico.

Dear Mr. Zadow:

In your letter dated June 26, 2000, you requested a tariff classification ruling.

The samples accompanying your letter were forwarded to the US Customs laboratory for analysis. Herdez brand Chilpotles is a mixture consisting of chilpotle peppers, tomato puree, distilled vinegar, water, onions, cottonseed oil, brown sugar, salt, garlic, cloves, bay leaves, and oregano. Herdez brand Serranos contains serrano peppers, water, carrots, cottonseed oil, salt, distilled vinegar, onions, garlic, bay leaves, and oregano. Laboratory analysis found the Chilpotles contained 1.2 percent acetic acid, the Serranos contained 0.9 percent acetic acid. Both products are put up in cans containing 7 ounces, net weight.

The applicable subheading for the Chilpotles and Serranos will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, prepared or preserved by vinegar or acetic acidotherothervegetablesother. The rate of duty will be 9.6 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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