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NY I82996




July 31, 2002

CLA-2-20:RR:NC:2:228 I82996

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.10.0000, 2005.90.8500, 2005.90.9700

Mr. Martin K. Behr III
Ferrara International Logistics, Inc.
460 Hillside Avenue
Hillside, New Jersey, 07205

RE: The tariff classification of prepared vegetables from Lebanon.

Dear Mr. Behr:

In your letter dated June 7, 2002, on behalf of European Mediterranean Importing Company, Inc., Jersey City, NJ, you requested a tariff classification ruling.

Samples and lists of ingredients were submitted with your letter. The sample of the Pickled Mikti (Wild Cucumbers) was forwarded to the United States Customs laboratory for analysis. The remainder of the samples were examined and disposed of. The Pickled Mikti (Wild Cucumbers) is composed of cucumbers, water, salt, vinegar, green pepper, and garlic, put up in a glass jar containing 625 grams, net weight. Laboratory analysis found the sample to contain 1.14 percent acetic acid. Hummos Tahini (Chick Pea Dip) contains chick peas, ground sesame seeds, citric acid, and salt packed in a can containing 380 grams, net weight. The Baba Ghanoush (Eggplant Dip) contains grilled eggplants, ground sesame seeds (tahina), citric acid, and salt. It is put up in cans containing 360 grams, net weight. Foul Medammas (Cooked Fava Beans) contains fava beans, water, salt, citric acid, and calcium disodium EDTA. Mulokiah (Mallow Leaves) consists of mallow, water, salt, and citric acid, in a can containing 750 grams, net weight.

The applicable subheading for the Pickled Mikti (Wild Cucumbers) will be 2001.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidcucumbers including gherkins. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the Hummos Tahini (Chick Pea Dip) will be 2005.90.8500, 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 vegetables...chickpeas (garbanzos). The rate of duty will be 0.8 cents per kilogram on the entire contents of container.

The applicable subheading for the Baba Ghanoush (Eggplant dip), Foul Medammas (Cooked Fava Beans), and Mulokiah (Mallow Leaves) will be 2005.90.9700, 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 vegetables...other. The rate of duty will be 11.2 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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