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NY L80104




November 3, 2004

CLA-2-20:RR:NC:2:228 L80104

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700

Mr. Matthew Brauner
Brauner International Corporation
66 York Street, Suite 100
Jersey City, NJ 07302

RE: The tariff classification of a vegetable preparation from Germany.

Dear Mr. Brauner:

In your letter dated October 4, 2004, on behalf of Carl Brandt, Inc., you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Linsen-Eintopf (Lentil Stew), consists of vegetables in a thick creamy yellow-colored base. It is said to be composed of 55 percent water, 16 percent lentils, 7 percent potatoes, 6 percent carrots, 6 percent leeks, 2 percent onions, 2 percent wheat flour, 2 percent palm fat, 1 percent cornstarch, 0.3 percent salt, 1.8 percent spices, 0.5 percent sugar, and 0.4 percent wine vinegar, and is put up in a can containing 400 grams, net weight.

The applicable subheading for the Linsen-Eintopf 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 mixture of vegetables. The rate of duty will be 11.2 percent ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the White Cabbage Stew, Vegetable Stew, Westphalian Green Pea Stew, Westphalian Potato Stew, or Westphalian Bean Stew. Your request for a classification ruling should include a sample of each product.

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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