NY 0863643 - The tariff classification of prepared vegetables and a seafood salad, from Italy, Spain, and Morocco - United States International Trade Commision Rulings

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NY 863643

July 19, 1991

CLA-2-16:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.90.6060; 2005.90.2000; 2005.90.8000; 2005.90.9500

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

RE: The tariff classification of prepared vegetables and a seafood salad, from Italy, Spain, and Morocco

Dear Mr. Attina:

In your letter dated May 13, 1991, you requested a tariff classification ruling.

Your letter describes four products; samples of two were submitted. One sample, Red Cocktail Onions, was forwarded to the U.S. Customs laboratory for analysis. The second sample, Seafood Salad in Oil, was examined and disposed of. The latter is a mixture said to contain pieces of squid, octopus, cuttlefish, and crayfish, in a liquid medium consisting of sunflower seed oil, vinegar, salt, parsley, natural spices, and citric acid. The sample is packed in a glass jar containing 290 grams, net weight. The Red Cocktail Onions consists of small, red, whole onions in a liquid medium of sunflower seed oil, vinegar, salt, spices and ascorbic acid. Analysis found the acetic acid content to be .2 percent. The sample was put up in a glass jar containing 670 grams, net weight. Whole Artichoke Hearts are described as whole artichokes hearts in a brine solution, packed in a three-kilogram tin. Capers in Salt are described as 314- milliliter glass jars, or one and five-kilogram plastic bags containing 75 percent capers and 25 percent salt.

The applicable subheading for the Seafood Salad in Oil will be 1605.90.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, mollusks and other aquatic invertebrates, prepared or preserved...other...other...other. This product will be free of duty.

The applicable subheading for the Red Cocktail Onions will be 2005.90.2000, HTS, which provides for vegetables...prepared or preserved otherwise than by vinegar or acetic acid, not frozen... other vegetables...onions. The rate of duty will be 7 percent ad valorem.

The Whole Artichokes Hearts will be classified in subheading 2005.90.8000, HTS, which provides for vegetables, prepared or preserved otherwise than by vinegar or acetic acid...other vegetables...artichokes. The rate of duty will be 17.5 percent ad valorem.

The applicable subheading for Capers in Salt will be 2005.90.9500, HTS, which provides for vegetables, prepared or preserved otherwise than by vinegar or acetic acid...other vegetables...other. The rate of duty will be 17.5 percent ad valorem.

Articles classifiable under subheadings 2005.90.2000 and 2005.90.9500, HTS, which are the products of Morocco, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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