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NY K82444




February 3, 2004
CLA-2-20:RR:NC:2:228 K82444

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of a food preparation from Greece

Dear Ms. Mollinary:

In your letters dated December 1, 2003 and January 16, 2004 you requested a tariff classification ruling.

A sample, submitted with your first letter, was examined and disposed of. An ingredients breakdown was submitted with your January letter, and additional information was provided via facsimile transmission on February 2, 2004. Gaea brand Baked Giant Beans is a vegetable appetizer (“meze”) consisting of 50 percent whole, “elephant giant” white beans (Phaseolus vulgaris), 10 percent chopped onions, 8 percent sliced carrots, and 2.4 percent peeled tomatoes, in a sauce consisting of water, olive oil, tomato paste, salt, dill, parsley, and red and black pepper. The product is packed for retail sale in a glass jar containing 300 grams, net weight.

The applicable subheading for the Baked Giant Beans appetizer will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenother 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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