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NY F85998





May 15, 2000

CLA-2-20:RR:NC:2:228 F85998

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000, 2103.90.8000, 7326.20.0050

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 East 2nd Street
Long Beach, CA 90803

RE: The tariff classification of vegetables and fruit in vinegar from China.

Dear Mr. Harper:

In your letters dated February 16, 2000, and April 12, 2000 you requested a tariff classification ruling.

Ingredients breakdowns and illustrative literature accompanied your letters. The two of the three samples submitted with your earlier correspondence were forwarded to the U.S. Customs laboratory for analysis. Item no. FV-200559 Garden Mix Vinegar, is a mixture of whole chilies, pearl onions, lemon slices, and rosemary in a liquid medium of vinegar, citric acid, salt, sodium sulfate, sodium benzoate, and potassium sorbate, packed in a glass, urn-shaped container. Item no. OV-200496 consists of Lemon Thyme Vinegar and Fennel Pepper Oil, put up in four-sided, clear glass bottles measuring approximately 9-3/8 inch tall, in a metal wire holder with a copper colored spring wrapped handle. Lemon Thyme Vinegar consists of sliced lemons with thyme in a liquid medium of vinegar, citric acid, salt, sodium sulfate, sodium benzoate, and potassium sorbate. Fennel Pepper Oil consists of canola oil, with fennel, black peppercorns, coriander seeds and citrus rind. Laboratory analysis found the acetic acid content of the Lemon Thyme Vinegar and the Fennel Pepper Oil to contain 3.4 percent and 3.5 percent respectively. Each component of item OV-200496 will be classified separately.

The applicable subheading for the Garden Mix Vinegar and the Lemon Thyme Vinegar will be 2001.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherother. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the Fennel Pepper Oil will be 2103.90.8000, HTS, of the United States, which provides for mixed condiments and mixed seasoningsotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the metal wire holder with handle will be 7326.20.0050, HTS, which provides for other articles of iron or steelarticles of iron or steel wire. The rate of duty will be 3.9 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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