CLA-2-20:S:N:N1:228

Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service
P.O. Box 188
Champlain, NY 12919

RE: The tariff classification of mustard pickle from Canada

Dear Ms. Trombley:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : October 12, 1990

ON BEHALF OF : Gattuso-Habitant, Quebec, Canada

DESCRIPTION OF MERCHANDISE : "Howard's Mustard Pickle," consisting of sliced cucumbers in a mustard flavored sauce. The stated ingredients are cucumbers, distilled vinegar, sugar and/or corn syrup, prepared mustard, cauliflower, onions, salt, flavorings,alum, and benzoate of soda. Laboratory analysis found the product to contain 1.06 percent acetic acid. The item is put up for retail sale in glass jars containing 11 1/2 ounces, net weight.

HTS PROVISION : Vegetables...prepared or preserved by vinegar or acetic acid...cucumbers...

HTS SUBHEADING : 2001.10.0000

RATE OF DUTY : 12 percent ad valorem

DUTY CONCESSION : Goods classifiable under subheading 2001.10.0000,HTS, which have originated in the territory of Canada, will be entitled to a 9.6 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport