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NY J81974




May 16, 2003

CLA-2-7:RR:NC:2:228 J81974

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 7323.99.9060

Mr. Shachar Gat
Shonfeld’s
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of prepared peppers from China.

Dear Mr. Gat:

In your letter dated February 24, 2003, you requested a tariff classification ruling.

Samples, ingredients breakdowns, and pictorial literature were submitted with your letter. The samples were forwarded to the United States Customs laboratory for analysis. Item no. FV-204136 is comprised of three bottles of sliced peppers in a metal rack. The bottles contain green, orange, or red peppers, tightly packed, in a liquid medium. The laboratory analysis found the peppers contained 3.21, 3.36, and 3.63 percent acetic acid respectively. The bottles contain 200-ml each, and measure 9-1/2 inches tall and 2 inches in diameter.

The applicable subheading for the prepared red, orange, and green sliced peppers will be 2001.90.3800, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherothervegetables other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the metal rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother othernot coated or plated with precious metalotherotherother. The rate of duty will be 3.4 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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