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NY J89553

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November 12, 2003

CLA-2-20:RR:NC:2:228 J89553

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000, 2005.51.4040

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

RE: The tariff classification of beans in oil and prepared vegetables from China.

Dear Mr. Gat:

In your letter dated September 25, 2003, you requested a tariff classification ruling.

Samples, a list of ingredients, and illustrative literature were submitted with your letter. Item no. FV-205847A was forwarded to the Customs laboratory for analysis. Item no. FV-205847B was examined and disposed of. Item no. FV-205847A consists of a bottle filled with layers of carrots, olives, onions, cranberries, and rosemary, in a liquid solution. Laboratory analysis found the sample contained 3.57 percent acetic acid. Item no. FV-205847B contains red beans, Lima beans, green peas, pink beans, and black beans in canola oil. The bottles measure 14-1/4 inches tall.

The applicable subheading for item no. FV-205847A 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 otherwise than by vinegar or acetic acidotherother. The rate of duty will be 14 percent ad valorem.

The applicable subheading for item no. FV-205847B will be 2005.51.4040, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006beans (Vigna spp., Phaseolus spp.)beans, shelledotherother. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container.

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
• Tariff No.: 2005.51.40 - Beans other than black-eye cowpeas, shelled, prepared or preserved otherwise than by vinegar or acetic acid, not frozen