CLA-2-20:RR:NC:2:228 K87192

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

RE: The tariff classification of beans in oil from China.

Dear Mr. Gat:

In your letter dated June 4, 2004, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Item no. FV-0208166A consists of layers of red beans, black beans, and white beans, in canola oil. The beans are put up in a tube-shaped glass bottle measuring 12 ½ inches tall and 2 inches in diameter.

The applicable subheading for item no. FV-0208166A will be 2005.51.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…beans (Vigna spp., Phaseolus spp.)…beans, shelled…other…other. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container.

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,
National Commodity
Specialist Division