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NY K84206




June 3, 2004
CLA-2-20:RR:NC:2:228 K84206

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 Santorini Fava from Greece.

Dear Ms. Mollinary:

In your letter dated January 26, 2004, and subsequent correspondence received March 10, 2004, you requested a tariff classification ruling.

The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Gaea brand Santorini Fava is a tan/yellow-colored, oily, pulpy mass, said to contain 78 percent fava beans, 13 percent extra virgin olive oil, 4 percent capers, 4 percent tomato paste, 1 percent onion, and less than one percent wine vinegar, pepper, and salt. The product is put up in a glass jar containing 180 grams, net weight. Laboratory analysis found the sample did not contain acetic acid.

The applicable subheading for the Santorini Fava, 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 vegetables other. 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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