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NY A87803




October 10, 1996

CLA-2-7:RR:NC:2:228 A87803

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.7500; 0712.90.8080

Mr. Cesare Gallo
Gallo Brokerage
93 Willow Street
Wilkes Barre, PA 18702-1508

RE: The tariff classification of dried vegetables from Italy

Dear Mr. Gallo:

In your letter dated September 16, 1996, on behalf of Agricola Mediterranea Spa, you requested a tariff classification ruling.

Five samples were submitted with your inquiry. With the exception of the sliced peppers, all were examined and disposed of. The products are dried vegetables, sliced or in irregular "chunks," put up for retail sale in plastic pouches. The dried eggplants, zucchini, and tomatoes are in bags holding 40 grams, net weight, and the artichoke chunks are in a bag holding 60 grams, net weight.

The applicable subheading for the dried tomatoes will be 0712.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared...other vegetables...tomatoes. The duty rate will be 11.6 percent ad valorem.

The applicable subheading for the dried eggplant chunks, dried sliced zucchini, and dried artichoke chunks will be 0712.90.8080, HTS, which provides for dried vegetables... other...other...other. The duty rate will be 11.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the dried sliced peppers. Your request for a classification ruling should include the complete botanical name and common name(s) for the vegetable, and a complete description of the manufacturing process.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

The sample of dried sliced peppers will be retained for thirty (30) days, pending receipt of the additional information noted above.

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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