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NY J87448




October 9, 2003

CLA-2-20:RR:NC:2:228 J87448

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 July 14, 2003, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. The samples were forwarded to the Customs laboratory for analysis. Item no. FV-204340A contains cranberries, garlic, and rosemary, in a liquid medium. Item no. FV-204340B contains orange slices and cranberries in a liquid medium. Item no. FV-204340C contains red chilis and rosemary in a liquid medium. The items are put up in glass bottles measuring 10-3/4 inches tall and 1-3/4 inches wide. Laboratory analysis found the items contained 5.31, 5.47, and 5.56 percent acetic acid, respectively.

The applicable subheading for item nos. FV- 204340A, 204340B, and 204340C 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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