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NY E87212




November 2, 1999

CLA-2-20:RR:NC:2:228 E87212

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9100; 2005.70.9300; 2005.90.2000; 2005.90.9055

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 September 7, 1999 you requested a tariff classification ruling.

Four samples, submitted with your letter, were forwarded to the U.S. Customs laboratory for analysis. Olives Stuffed with Cheese and Olives Stuffed with Tuna Fish consist of whole green olives stuffed with either cheese or tuna fish, in a medium composed of sunflower oil, wine vinegar, salt, natural flavor, ascorbic acid, and citric acid. The olives stuffed with cheese contain 12 percent parmesan cheese and the tuna-fish stuffed olives contain 12 percent tuna fish. Onions with Acetico Balsamico are flattened whole onions, approximately 1-1/2 inches in diameter, in sunflower seed oil, balsamic vinegar, salt, sugar, flavors, ascorbic acid, and lactic acid. Peppers with Truffle are sliced red and green/yellow peppers in sunflower seed oil, wine vinegar, sugar, oil with truffle flavor, salt, and lactic acid. Laboratory analysis found all products contained less than 0.5 percent of acetic acid. The samples were packed in hermetically sealed plastic trays, containing 200 grams, net weight. Your letter states they will be imported in these containers and also in 2000-gram trays.

The applicable subheading for the Olives Stuffed with Cheese and the Olives Stuffed with Tuna Fish, when the total aggregate quantity imported into the United States in any calendar year has not exceeded 550 metric tons, will be 2005.70.9100, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidolives otherwise prepared or preservedgreen, in containers each holding less than 13 kg, drained weightin an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram on the drained weight. When the total aggregate quantity imported into the United States in a calendar year has exceeded 550 metric tons, the olives will be classified in subheading 2005.70.9300, HTS, and will be dutiable at the rate of 9.2 cents per kilogram on the drained weight.

The applicable subheading for the Onions with Aceto Balsamico will be 2005.90.2000, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesonions. The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the Peppers with Truffle will be 2005.90.9055, HTS, which provides for other vegetables for the prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesfruits of the genus Capsicum (peppers)othersweet bell-type peppers. The rate of duty will be 15.3 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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