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NY M86411

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October 2, 2006

CLA-2-20:RR:NC:N2:228 M86411

CATEGORY: CLASSIFICATION

TARIFF NO.: 2004.10.80; 2004.90.85

Ms. Heidi Farkas
Gracelend Fruit, Inc.
1123 Main Street
Frankfort, MI 49635

RE: The tariff classification of frozen, processed vegetables

Dear Ms. Farkas:

In your letters dated July 11, 2006 and August 30, 2006 you requested a tariff classification ruling.

The merchandise is described as Fridge-N-Fresh™ Vegetables: potatoes, sweet corn, green peas, and broccoli florets. All are prepared in a similar manner. The vegetables are heated to 195 degrees Fahrenheit for five minutes in a solution composed of corn syrup, glycerin, salt, potassium sorbate, and sodium benzoate, and packed in plastic pails holding 30 pounds, net weight. The vegetables will be used as ingredients in the production of other foods for human consumption.

The applicable subheading for the frozen, processed potatoes will be 2004.10.80, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozenpotatoesother.

The applicable subheading for the frozen, processed sweet corn, green peas, and broccoli florets will be 2004.90.85, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozenother vegetablesother.

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 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).

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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See also:

• Tariff No.: 2004.10.80 - Potatoes (not Solano), prepared or preserved otherwise than by vinegar or acetic acid, frozen
• Tariff No.: 2004.90.85 - Vegetables and mixtures of vegetables, nesoi, prepared or preserved other than by vinegar or acetic acid, frozen, not preserved by sugar