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NY J82712




May 28, 2003

CLA-2-20:RR:NC:2:228 J82712

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000

Ms. Pilar Dorfman
E. Besler & Company
P.O. Box 66361
Chicago, IL 60666-0361

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

Dear Ms. Dorfman:

In your letter dated March 13, 2003, on behalf of LTD Commodities, you requested a tariff classification ruling.

Samples and pictorial literature were submitted with your letter. The samples were forwarded to the United States Customs laboratory for analysis. Item no. 207134 contains a layer of sliced oranges on top of a layer of sliced orange, green, and red, peppers in a liquid medium. Laboratory analysis found item no. 207134 contained 4.21 percent acetic acid. The pepper and orange slices are put up in a glass bottle measuring 12¾ inches by 2½ inches. Item no. 207135 contains orange slices in a liquid medium. Laboratory analysis found this item contained 4.44 percent acetic acid. The oranges are put up in a glass bottle measuring 14 inches by 2½ inches.

The applicable subheading for Item no. 207134 pepper and orange slices, and Item no. 207135 orange slices, will be 2001.90.6000, 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 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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