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NY 868325


November 12, 1991

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9500

Mr. Robert L. Luzzo
Bruno Scheidt, Inc.
71 West 23 Street
New York, NY 10010-4189

RE: The tariff classification of prepared vegetables from Italy

Dear Mr. Luzzo:

In your letter dated October 18, 1991, you requested a tariff classification ruling.

Ingredients breakdowns accompanied your letter. A sample, submitted with earlier correspondence, was examined and disposed of. The product consists of mushrooms, olives, artichokes, and dried tomatoes, in olive oil, packed in a glass jar. The vegetables are arranged in layers, a mix of mushrooms, olives, and artichokes separated by a layer of the dried tomatoes. Two types of packing are contemplated, one composed of 46 percent olive oil, 35 percent tomatoes, and six percent each of mushrooms, olives, and artichokes. The alternative pack contains 26 percent tomatoes, and 9 percent each of the other vegetables. The product will be imported in jars containing 23 ounces, net weight.

The applicable subheading for the mixed vegetables will be 2005.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...other vegetables and mixtures of vegetables...other. The rate of duty will be 17.5 percent ad valorem.

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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