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NY L84377




June 29, 2005

CLA-2-20:RR:NC:2:228 L84377

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2005.51.4040, 2005.90.9700

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

RE: The tariff classification of preserved vegetables from China.

Dear Mr. Gat:

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

Samples and illustrative literature were submitted with your letter. One sample was forwarded to the U.S. Customs and Border Protection laboratory for analysis. Item no. OV-213579 (c) is comprised of sliced red and green chili peppers, three bay leaves, and red chili peel cutouts in a liquid medium. Laboratory analysis found the item contained 4.70 percent acetic acid. Item no. OV-213579 (b) contains red beans, black beans, four bay leaves, and four one-inch red chili peel cutouts, in canola oil. Item no. OV-213579 (a) contains yellow lentils, green peas, brown lentils, and bay leaves and rosemary stems as decoration, in canola oil. Each of the items are put up in glass bottles measuring approximately 9-1/2 inches tall with a base measuring 3 inches by 1-1/2 inches.

The applicable subheading for item no. OV-213579 (c) 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...othervegetables...other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for item no. OV-213579 (b) will be 2005.51.4040, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006beans (Vigna spp., Phaseolus spp.)beans, shelledotherother. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container.

The applicable subheading for item no. OV-213579 (a) will be 2005.90.9700, 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 vegetablesother. The rate of duty will be 11.2 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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