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NY I84918




August 15, 2002

CLA-2-20:RR:NC:2:228 I84918

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.5510

Mr. Vincent Arguimbau
Kiwi Trading Company
4 Davenport Avenue
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of canned peppers from Spain

Dear Mr. Arguimbau:

In your letter dated August 5, 2002 you requested a tariff classification ruling.

A sample, submitted with your letter, was opened, examined, and disposed of. The product is described as fire roasted, whole, hand peeled peppers, packed in metal cans in a liquid medium of water, salt, and citric acid. Examination of the sample found three whole, red, bell peppers, their tops and interior seeds removed.

The applicable subheading for the canned peppers will be 2005.90.5510, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenotherfruits of the genus Capsicum (peppers)othersweet bell-type peppers. The rate of duty will be 14.9 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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