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NY A80522



May 20, 1996

CLA-2-20:RR:NC:FC:228 A80522

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.2000, 2001.90.3900, 2005.90.9700

Mr. Robert Nalley Jr.
R.L. Burden Produce Services, Inc.
P.O. Box 25313
Little Rock, AR 72221

RE: The tariff classification of prepared vegetables from Italy.

Dear Mr. Nalley:

In your letters dated February 1, 1996, March 5, 1996 and March 6, 1996, you requested a tariff classification ruling.

A color brochure, lists of ingredients, and samples of five products were submitted with your letters. The samples were forwarded to the U.S. Customs laboratory for analysis. "Capperi All'Aceto", pickled capers, consist of capers in a solution of vinegar, water and salt. "Melezane A Fette", sliced eggplants, contain strips of eggplants with a small amount of celery, peppers, mint, oregano, garlic, and salt in extra virgin olive oil and vinegar. "Antipasto Delizioso", also called Delicious Appetizer, is a mixture of pieces of carrots, turnips, fennel, celery, peppers, mushrooms, artichokes, cucumbers, with parsley, mint, oregano, and salt in extra virgin olive oil and vinegar. "Antipasto Fantasia" or Fantasy Appetizer, contains strips of carrot, turnips, eggplants, peppers, olives, artichokes, with parsley, mint, oregano, and salt, in extra virgin olive oil and vinegar. The "Spaghetti Di Melanzana" is eggplant strings with a small amount of peppers, celery, parsley, mint and oregano in extra virgin olive oil and vinegar. Laboratory analysis found the sample of pickled capers to contain 1.1 percent acetic acid. The sliced eggplants contain 0.65 percent acetic acid. The eggplant strings contain 0.26 percent acetic acid. The Delicious Appetizer and the Fantasy Appetizer contain 0.45 percent acetic acid. The prepared vegetables will be imported in glass jars of different sizes and shapes.

The applicable subheading for the "Capperi All'Aceto" 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...other...capers...other. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the "Melezane A Fette" will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables prepared or preserved by vinegar or acetic acid...other...other...vegetables...other. The rate of duty will be 11.2 ad valorem.

The applicable subheading for the "Antipasto Delizioso", "Antipasto Fantasia", and "Spaghetti Di Melanzana" will be 2005.90.9700, 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 vegetables and mixtures of vegetables...other. The rate of duty will be 15.4 percent ad valorem.

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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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