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NY I85126





December 17, 2002

CLA-2-20:RR:NC:2:228 I85126

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800; 2001.90.6000

Ms. Becky McKinley
John A. Steer, Inc.
Building #3, Suite 111
The Kroger Center
Norfolk, VA 23502

RE: The tariff classification of preserved fruits and vegetables from China

Dear Ms. McKinley:

In your letters dated July 1, 2002 and August 6, 2002, on behalf of J.D. Yeats & Sons, Inc., Danville, VA, you requested a tariff classification ruling.

Five samples, submitted with your letter, were forwarded to the U.S. Customs laboratory for analysis. All products consist of vegetables, mixtures of vegetables, or mixtures of vegetables and fruits, in a liquid medium composed of vinegar, citric acid, sodium benzoate, sodium sulfite, and potassium sorbate, packed in clear glass bottles of varying sizes and shapes, sealed with a cork and wax. Analysis found sample 65305 (red chili peppers) contained 5.4 percent acetic acid, sample 65306 (garlic, oranges, red chilies) contained 3.8 percent acetic acid, sample 65307 (oranges and red chilies) contained 4 percent acetic acid, sample 65308 (carrots), contained 3.9 percent acetic acid, and sample 65309 (garlic, red chilies, radish) contained 3.9 percent acetic acid.

The applicable subheading for samples 65305, 65308, and 65309 will be 2001.90.3800, 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 acidother othervegetablesother. The rate of duty will be 9.6 percent ad valorem. The rate of duty will be unchanged in 2003.

The applicable subheading for samples 65306 and 65307 will be 2001.90.6000, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherotherotherother The rate of duty will be 14 percent ad valorem. The rate of duty will be unchanged in 2003.

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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