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NY K82583





May 17, 2004
CLA-2-20:RR:NC:2:228 K82583

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 an appetizer from Greece.

Dear Ms. Mollinary:

In your letter dated January 16, 2004, you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the laboratory for analysis. Mushrooms and Onion Stew “Stifado” is said to consist of 43 percent pearl onion pieces, 14 percent sliced Agarius mushrooms, 13.5 percent whole button mushrooms, 13.5 percent sliced Pleurotous mushrooms, 7.5 percent extra virgin olive oil, 6.82 percent water, bay leaf, and less than one percent each of balsamic vinegar, parsley, peppercorns, salt, and black pepper. The “Stifado” is put up in a glass jar containing 280 grams, net weight. Laboratory analysis found the sample did not contain acetic acid.

The applicable subheading for the “Stifado” 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 frozen, other than products of heading 2006other 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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