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NY E84852




October 26, 1999

CLA-2-20:RR:NC:2:228 E84852

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900; 2005.90.5510; 2005.90.8000; 2005.90.9700

Mr. John Ockey
Dinon srl
Via Pallavicino, 21
20145 Milano Italy

RE: The tariff classification of prepared vegetables from Italy

Dear Mr. Ockey:

In your letter dated July 10, 1999 you requested a tariff classification ruling.

Seven samples and a product catalog were submitted with your letter. All samples were forwarded to the U.S. Customs laboratory for analysis. Dressed Dried Tomatoes consists of sliced dried tomatoes in a liquid composed of sunflower seed oil, wine vinegar, capers, oregano, garlic, salt, flavors, ascorbic acid, and citric acid. Grilled Peppers and Peppers Involtini are sliced or rolled (involtini) sweet bell peppers in sunflower oil, wine vinegar, salt, flavor, and lactic acid. The rolled peppers also contain breadcrumbs, sugar, and alaches (sardines). Roman Style Artichokes are whole and halved artichoke hearts in sunflower seed oil, wine vinegar, water, mint, garlic, parsley, salt, flavors, ascorbic acid, and citric acid. Grilled Zucchini consists of strips of zucchini in sunflower oil, wine vinegar, parsley, garlic, red peppers, mint, salt, flavor, ascorbic acid and citric acid. Grilled Aubergines (Eggplant) are sliced or rolled eggplant in sunflower seed oil, wine vinegar, salt, citric acid, and flavor. The rolled eggplant also contains breadcrumbs, garlic, red peppers, and parsley, All products will be packed in hermetically sealed plastic trays containing 200 or 2000 grams, net weight. Laboratory analysis of the tomato product found it contained 0.52 percent acetic acid. All others contained less than 0.3 percent acetic acid.

The applicable subheading for the Dressed Dried Tomatoes will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetablesprepared or preserved by vinegar or acetic acidothervegetables other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the Grilled Peppers will be 2005.90.5510, HTS, which provides for vegetablesprepared or preserved otherwise than by vinegar or acetic acidother vegetablesfruits of the genus Capsicumsweet bell-type peppers. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for the Roman Style Artichokes will be 2005.90.8000, HTS, which provides for vegetablesprepared or preserved otherwise than by vinegar or acetic acidother vegetablesartichokes. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for the Grilled Zucchini and Grilled Aubergines will be 2005.90.9700, HTS, which provides for vegetablesprepared or preserved otherwise than by vinegar or acetic acidother vegetablesother. The rate of duty will be 12.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Peppers Involtini (rolled peppers). Your request for a classification ruling must include a complete ingredients breakdown, by weight.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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