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NY K81510





December 17, 2003
CLA-2-20:RR:NC:2:228 K81510

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.51.4040, 2005.90.9700

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

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

Dear Mr. Gat:

In your letter dated November 20, 2003, you requested a tariff classification ruling.

Samples and a list of ingredients were submitted with your letter. The samples have been examined and disposed of. Item no. OV-206127A consists of a bottle filled with layers of red, pink, and black beans, lentils, split green peas, and canola oil. Item no. OV-206127B contains black-eyed peas, red and black beans, and canola oil. The bottles measure 7-1/2 inches tall.

The applicable subheading for item no. OV-206127B will be 2005.51.4040, Harmonized Tariff Schedule of the United States (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 entire contents of container.

The applicable subheading for item no. OV-206127A will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesother. The rate of duty will be 11.2 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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