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NY J86642

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September 16, 2003

CLA-2-20:RR:NC:2:228 J86642

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000

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

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

Dear Mr. Gat:

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

A sample and illustrative literature were submitted with your letter. The sample was forwarded to the U.S. Customs laboratory for analysis. Item no. FV-205002 Flat Oval with Chili and Garlic is comprised of whole red chili peppers, garlic, rosemary, and lemon slices, in a liquid medium. The vegetables and fruit slices are put up in glass bottles measuring 11-1/2 inches tall and 5-1/2 inches wide. Laboratory analysis found this item contained 3.96 percent acetic acid.

The applicable subheading for item no. FV-205002 Flat Oval with Chili and Garlic 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 acid...other... other...other. 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.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid