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NY G84096




November 21, 2000

CLA-2-20:RR:NC:2:228 G84096

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.5040

Mr. Jack Kilmartin
Yamato Customs Brokers USA, Inc.
377 Oyster Point Blvd., Suite 15
South San Francisco, CA 94080

RE: The tariff classification of prepared peppers from Korea.

Dear Mr. Kilmartin:

In your letter dated October 23, 2000, on behalf of Ottex Corporation, Seuol, Korea, you requested a tariff classification ruling.

An unmarked sample, submitted with your letter, was examined and disposed of. The product is said to consist of 81 percent unpeeled, diced pimiento peppers, 18 percent water and 1 percent citric acid. The peppers are put up in cans containing 102 ounces.

The applicable subheading for the prepared peppers will be 2005.90.5040, 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 than products of heading 2006 other vegetables and mixtures of vegetablesfruits of the genus Capsicum (peppers)Pimientos (Capsicum anuum)other. The rate of duty will be 8.1 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted is not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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