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NY 862666


May 10, 1991

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.2000; 2001.90.3900

Mr. Salvatore Attina
Attina Ltd.
1123 Yonkers Avenue
Yonkers, NY 10704

RE: The tariff classification of prepared vegetables from Italy

Dear Mr. Attina:

In your letter dated April 22, 1991, you requested a tariff classification ruling.

Samples accompanied your letter, and were forwarded to the U.S, Customs laboratory for analysis. Pickled Capers (Capperi) consists of capers in wine vinegar and salt, put up in glass jars. Analysis of the sample, a jar containing 200 grams, net weight, found the acetic acid content to be 1.7 percent. Your letter indicates the product may be imported in containers holding as much as 3000 grams, net weight. Pickled Mixed Vegetable Salad (Insalatina) contains thinly sliced vegetable strips (carrots, turnips, cucumbers, and peppers) in a liquid medium composed of wine vinegar, salt, citric acid, and ascorbic acid, packed in a glass jar. Analysis of a 300 gram sample found an acetic acid content of 1.3 percent. The imported product may be put up in jars containing up to 3000 grams, net weight.

The applicable subheading for the pickled capers will be 2001.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables...prepared or preserved by vinegar or acetic acid... other...capers...other. The rate of duty will be 8 percent ad valorem.

The mixed vegetable salad will be classified in subheading 2001.90.3900, HTS, which provides for vegetables...prepared or preserved by vinegar or acetic acid...other...other...other. The rate of duty will be 12 percent ad valorem.

The tariff classification of the other items noted in your letter - pickled cocktail onions, pickled gherkins, and pickled peppers - were the subject of ruling NY 862378.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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

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