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NY K81605




December 19, 2003
CLA-2-20:RR:NC:2:228 K81605

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.51.4040

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

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

Dear Mr. Gat:

In your letter dated November 24, 2003, you requested a tariff classification ruling.

Samples and lists of ingredients were submitted with your letter. The samples have been examined and disposed of. Item no. OV-206124A consists of a bottle filled with black-eyed peas on one side, red beans on the other, and canola oil. Item no. OV206124B contains red beans on one side, black beans on the other, and canola oil. Item no. OV206124C contains red beans on one side, pink beans on the other, and canola oil. The bottles measure 7 inches tall.

The applicable subheading for item nos. OV206124A, OV-206124B and OV-206124C 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 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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