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NY E89219




January 4, 2000

CLA-2-20:RR:NC:2:228 E89219

CATEGORY: CLASSIFICATION

TARIFF NO.: 2003.10.0047

Ms. Teresa Kloza
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Marinated Mixed Mushrooms from Italy.

Dear Ms. Kloza:

In your letters dated September 10, 1999, and October 20, 1999, you requested a tariff classification ruling.

Unlabeled samples were submitted with your September letter. Photocopies of the product label and an ingredients breakdown were submitted with your October letter. The samples were forwarded to the U.S. Customs laboratory for analysis. Marinated Mixed Mushrooms consist of “Psaliota Bispora,” “Pholiota Nameko Mutabilis,” and “Volvariella Esculenta” mushrooms in a sunflower oil and wine vinegar solution with salt, mixed spices, aromatic plants, natural flavors, glutamate-based bouillon, citric acid, and L-ascorbic acid. Analysis found the acetic acid content to be 0.38 percent. The mushrooms are packed in glass jars containing 285 grams, net weight.

The applicable subheading for the Marinated Mixed Mushrooms will be 2003.10.0047, Harmonized Tariff Schedule of the United States (HTS), which provides for mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acidmushrooms otherin containers each holding more than 255 gramssliced. The rate of duty will be 6.2 cents per kilogram on drained weight plus 8.8 percent ad valorem. Effective January 1, 2000, the rate of duty will be 6 cents per kilogram on drained weight plus 8.5 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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