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NY K89696





September 24, 2004

CLA-2-20:RR:NC:2:228 K89696

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000

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

RE: The tariff classification of vegetables and fruits in vinegar from China. Correction to Customs Ruling No. NY K87588

Dear Mr. Gat:

This ruling is being issued to correct Customs Ruling no. NY K87588 dated September 9, 2004. The ruling provided an incorrect rate of duty for subheading 2001.90.6000, HTS. A complete corrected ruling follows.

In your letter dated June 22, 2004 you requested a tariff classification ruling.

A sample, submitted with your letter, was forwarded to the Customs laboratory for analysis. Item no. FV-210032A consists of sliced green, red, and yellow peppers, and sliced lemons, in a liquid medium, put up in a glass bottle measuring approximately 15-1/2 inches tall and 3-3/4 inches in diameter at the base. Laboratory analysis found the product to contain 5.39 percent acetic acid.

The applicable subheading for this product will be 2001.90.6000, 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 otherotherother. The rate of duty will be 14 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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