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NY A86694



September 26, 1996

CLA-2-16:RR:NC:FC:228 A86694

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.16.1000, 1604.16.3000, 2001.20.0000, 2001.90.3900, 2005.90.5510, 2005.90.9700

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

RE: The tariff classification of anchovies and 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. Three samples were forwarded to the U.S. Customs laboratory for analysis. The filets of anchovies have been soaked in salt water, salted, and packed in vegetable oil in glass jars containing from 80 to 2600 grams, net weight. The mixed vegetables, sweet onions, and antipasto-mixed vegetables are soaked in fresh water (the antipasto is also soaked in vinegar), pasteurized, and packed in glass jars or cans of different sizes. The mixed vegetables and sweet onions are packed in wine vinegar, and the antipasto-mixed vegetables are packed in vegetable oil. The roasted peppers are prepared by roasting the vegetable and packing in vegetable oil in 400-gram cans. Laboratory analysis found the samples of mixed vegetables and sweet onions contained 1 percent acetic acid, and the sample of antipasto-mixed vegetables contained 0.48 percent acetic acid.

The applicable subheading for the anchovies, will be 1604.16.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish...fish, whole or in pieces, but not minced...anchovies...in oil, in airtight containers...for an aggregate quantity entered in any calendar year not to exceed 3,000 metric tons. The rate of duty will be 1.8 percent ad valorem. If entered after the tariff rate quota has been filled, the anchovies will be classified in subheading 1604.16.3000, HTS. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the sweet onions will be 2001.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, prepared or preserved by vinegar or acetic acid...onions. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the mixed vegetables 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 percent ad valorem.

The applicable subheading for the roasted peppers will be 2005.90.5510, 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 than products of heading 2006...other vegetables and mixtures of vegetables...other...sweet bell-type peppers. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for the antipasto-mixed vegetables 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 than products of heading 2006...other vegetables and mixtures of vegetables...other...other. The rate of duty will be 15.4 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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