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NY J87454




September 19, 2003

CLA-2-20:RR:NC:2:228 J87454

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800

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

RE: The tariff classification of prepared vegetables from China.

Dear Mr. Gat:

In your letter dated July 14, 2003, you requested a tariff classification ruling.

Samples and pictorial literature were submitted with your letter. The samples were forwarded to the Customs laboratory for analysis. Item no. FV-205402A contains sliced red peppers in a liquid medium. Item no. FV-205402B contains layers of carrots, lima beans, and garlic cloves in a liquid medium. Item no. FV-205402C contains layers of sliced green, orange, and red peppers, in a liquid medium. The vegetables are put up in glass bottles measuring 8-1/2 inches tall and 1-3/4 inches at the base. The laboratory analysis found the items contained 6.06, 4.02, and 3.91 percent acetic acid respectively.

The applicable subheading for item no. FV-205402A-sliced red peppers, item no. FV-205402B-carrots, lima beans, and garlic cloves, and item no. FV-205402C-sliced green, orange, and red 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.

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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