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NY I84693




August 12, 2002

CLA-2-20:RR:NC:2:228 I84693

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700

Mr. Jose Quintana
Quintana Hnos., Inc.
P.O. Box 364706
San Juan, PR 00936-4706

RE: The tariff classification of prepared garlic from Spain

Dear Mr. Quintana:

In your letter dated July 22, 2002 you requested a tariff classification ruling.

Two samples were submitted with your letter. Both were examined and disposed of. The merchandise is Don Ajo brand Natural Fresh Purple Spanish Garlic, packed for retail sale in plastic jars holding 35 ounces, net weight, and glass jars containing 9 ounces, net weight. Both products consist of finely chopped garlic mixed with water and citric acid, packed in airtight containers. The product has not been pasteurized or heat treated, but the processing has reduced the garlic’s pH to 3.7.

The applicable subheading for the prepared garlic 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 frozenother vegetablesother. 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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