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NY L84371




June 29, 2005

CLA-2-20:RR:NC:2:228 L84371

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000

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

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Mr. Gat:

In your letter dated January 17, 2005, you requested a tariff classification ruling.

The samples submitted with your letter were forwarded to the Customs and Border Protection laboratory for analysis. Item no. FV-213570 (a) consists of orange and green chili peppers and bay leaves, in a liquid medium. Item no. FV-213570 (b) contained red chili peppers with orange peel cutouts and green chili peel cutouts, in a liquid medium. Laboratory analysis found item no. FV-213570 (a) and item no. FV-213570 (b) contained 5.68 and 5.84 percent acetic acid, respectively. The products are put up in bottles measuring 11 inches tall with a hexagonal-shaped base measuring 2-7/8 inches, containing 270 ml.

The applicable subheading for item nos. FV-213570 (a) and (b) will be 2001.90.6000, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...other...other. 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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