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NY K81607

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February 26, 2004
CLA-2-20:RR:NC:2:228 K81607

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.6000, 2005.90.9700

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

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Mr. Gat:

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

Two of the samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. OV-206126A is said to contain lentils, split green peas, red, pink, and black beans, and canola oil. Examination of the sample found layers of red, pink, and black beans, black-eyed peas, split green peas, and canola oil. Item no. OV-206126B contains garlic, rosemary, and apricots in a liquid medium. Item no. OV-206126C contains sliced red and orange peppers in a liquid medium. The products are put up in bottles measuring 9-1/4 inches tall and 2 inches wide. Laboratory analysis found item no. OV-206126B contained 3.94 percent acetic acid, and item no. OV-206126C contained 4.08 percent acetic acid.

The applicable subheading for item no. OV-206126C, will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...vegetables...other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for item no. OV-206126B, 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.

The applicable subheading for item no. OV-206126A 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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See also:

• Tariff No.: 2001.90.38 - Vegetables (including olives) nesoi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2005.90.97 - Vegetables nesoi,& mixtures of vegetables,prepared or preserved otherwise than by vinegar or acetic acid, not frozen, not preserved by sugar