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NY K87200





August 5, 2004
CLA-2-20:RR:NC:2:228 K87200

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of preserved vegetables from China.

Dear Mr. Gat:

In your letter dated June 4, 2004, you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the Customs laboratory for analysis. Item no. FV-208176B consists of sliced red, orange, and green chili peppers, in a liquid medium. The product is put up in a bottle measuring 10-1/2 inches tall and 4-1/2” inches wide. Laboratory analysis found the item contained 4.64 percent acetic acid.

The applicable subheading for item nos. FV-208176B, 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.

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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