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NY M85497




October 13, 2006

CLA-2-20:RR:NC:2:228 M85497

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700

Ms. Jari Buechler
Food Match Inc.
575 Eighth Avenue
New York, NY 10018

RE: The tariff classification of vegetable spreads from Greece.

Dear Ms. Buechler:

In your letter dated July 5, 2006, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your request. The samples were forwarded to the Customs laboratory for analysis. The Bean Spread Original is a tan colored soft product with visible pieces of red pepper. The product is composed of Gigantes beans, soy bean oil, red peppers, wine vinegar, water, green peppers, onions, extra virgin olive oil, sea salt, parsley, garlic and black pepper. The Bean Spread with Kalamata Olives is a light brown colored spread with broken pieces of olive. The spread contains Gigantes beans, soy bean oil, Kalamata wedges, red peppers, wine vinegar, Kalamata olive puree, water, green peppers, onions, extra virgin olive oil, sea salt, parsley, and black pepper. The Bean Spread with Roasted Eggplant is a soft, tan-colored spread containing roasted eggplant puree, Gigantes beans, soy bean oil, red peppers, wine vinegar, green peppers, onions, extra virgin olive oil, sea salt parsley, hot red peppers, garlic, and black pepper. Laboratory analysis found the Bean Spread Original, Bean Spread with Kalamata Olives, and the Bean Spread with Roasted Eggplant contained 0.25, 0.19, and 0.29 percent acetic acid, respectively. The spreads are packaged for food service in tin cans containing 2000 grams, net weight.

The applicable subheading for the Bean Spread Original, Bean Spread with Kalamata Olives, and the Bean Spread with Roasted Eggplant will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 2005.99.9700 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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