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NY A86693

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October 8, 1996

CLA-2-20:RR:NC:2:228 A86693

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.2500, 2001.90.3900, 2002.10.0020, 2002.10.0080

Mr. John R. Radell la Rossa spa
811 Woodsdale Road
Wilmington, DE 19809

RE: The tariff classification of prepared vegetables from Italy.

Dear Mr. Radell:

In your undated letter received August 14, 1996, you requested a tariff classification ruling.

Samples of five products were submitted with your letter. All were forwarded to the U.S. Customs laboratory for analysis. The eggplant pieces, sliced mushrooms, and artichoke hearts have been soaked in fresh water and vinegar, pasteurized, and packed in vegetable oil. The peppers are soaked in fresh water, pasteurized, and packed in wine vinegar. The dried tomatoes are soaked in vinegar, centrifuged, pasteurized and packed in vegetable oil. All vegetables are packed in glass jars of various sizes. Laboratory analysis found the sample of eggplant contained 0.82 percent acetic acid. The peppers contained 1.4 percent acetic acid, the artichoke hearts 0.52 percent, and the mushrooms contained 0.53 percent. The laboratory found no acetic acid in the sample of tomatoes.

The applicable subheading for the artichoke hearts will be 2001.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, prepared or preserved by vinegar or acetic acid...other..other...vegetables...artichokes. The rate of duty will be 11.4 percent ad valorem.

The applicable subheading for the eggplant, mushrooms, and peppers will be 2001.90.3900 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 percent ad valorem.

The applicable subheading for the tomatoes will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...tomatoes, whole or in pieces...in containers holding less than 1.4 kilograms. When in containers holding more than 1.4 kilograms, the applicable subheading will be 2002.10.0080 HTS. In both cases, the rate of duty will be 14 percent.

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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See also:

• Tariff No.: 2001.90.25 - Artichokes, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.39 - Vegetables (including olives) nesi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2002.10.00 - Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid