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NY I87303




November 5, 2002

CLA-2-8:RR:NC:2:228 I87303

CATEGORY: CLASSIFICATION

TARIFF NO.: 0813.40.1500

Mr. Behroush Sharifi
TradersLink Group, Ltd.
69 Heritage Hills, Unit D
Somers, NY 10589

RE: The tariff classification of dried barberries from Iran

Dear Mr. Sharifi:

In your letters dated August 23, 2002 and September 25, 2002 you requested a tariff classification ruling.

A sample, submitted with your second letter, was examined and disposed of. The product is dried barberries (Berberis vulgaris). The samples are red in color, oval-shaped, and measure approximately 1/4 to 3/8-inch long and 1/4-inch wide. The dried barberries will be imported in bulk in plastic bags packed inside corrugated cartons. The berries are used as an ingredient in a variety of foods, such as rice dishes and stews.

The applicable subheading for the dried barberries will be 0813.40.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, driedother fruitberriesbarberries. The rate of duty will be 3.5 cents per kilogram.

Your inquiry does not provide enough information for us to give a classification ruling on pomegranate seed. Your request for a classification ruling should include a sample of this product. A sample of this article was previously requested by this office, in a letter to you dated August 29, 2002, file no. NY I85577. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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