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NY J86634

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September 12, 2003

CLA-2-20:RR:NC:2:228 J86634

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800

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

RE: The tariff classification of preserved vegetables from China.

Dear Mr. Gat:

In your letter dated June 26, 2003, you requested a tariff classification ruling.

A sample and illustrative literature was submitted with your letter. The sample was forwarded to the U.S. Customs laboratory for analysis. Item no. FV-205003 Flat Oval Three Color Chili is comprised of sliced red, orange, and green chili peppers, in a liquid medium, inside a glass bottle measuring 11-1/4 inches tall and 5-1/2 inches at its base. Laboratory analysis found the item contained 1.29 percent acetic acid.

The applicable subheading for item no. FV-205003 Flat Oval Three Color Chili 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 acid...other...vegetables...other. The rate of duty will be 9.6 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