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NY I88982

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February 3, 2003

CLA-2-20:RR:NC:2:228 I88982

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.6000

Ms. Tonja Davenport
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Ms. Davenport:

In your letter dated November 25, 2002, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your letter. The samples were forwarded to the United States Customs Laboratory for analysis. Item no. ES2542 style C, consists of layers of red, green and yellow pepper slices in a liquid medium laboratory analysis found to contain 5.9 percent acetic acid. Item no. ES2655 style A consists of small oranges and anise in a liquid medium containing 5.5 percent acetic acid. Item no. ES2698 Style A consists of pepper and orange slices in a liquid medium containing 4.2 percent acetic acid. The products are put up in glass bottles of various shapes and sizes.

The applicable subheading for Item no. ES2542 style C (red, green and yellow pepper slices) 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 acidotherother vegetablesother. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for Item no. ES2655 style A (small oranges and anise) and Item no. ES2698 Style A (pepper and orange slices) 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 acidotherotherother. The rate of duty will be 14 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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See also:

• Tariff No.: 2001.90.38 - Vegetables (including olives) nesoi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid