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NY F86000

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May 25, 2000

CLA-2-20:RR:NC:2:228 F86000

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900, 2001.90.6000, 2103.90.8000

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. Seven samples, submitted with earlier correspondence, were forwarded to the U.S. Customs laboratory for analysis. The products consist of whole or sliced fruits, vegetables, a mixture of vegetables, or a mixture of vegetables and fruit, in a liquid medium of vinegar, citric acid, salt, sodium sulfate, sodium benzoate, and potassium sorbate, packed in clear glass bottles of various sizes and shapes. One product, Item no. OV200498 consists of two bottles, each in the shape of one half of a heart, shrink-wrapped together. Laboratory analysis found each of the products to contain over 0.5 percent acetic acid.

The applicable subheading for Item no. FV200553A Chili Infused Vinegar, consisting of whole chilis, Item no. FV200557A Chili Infused Vinegar, containing sliced chilis, and Item no. OL200487 Olives, Carrots, and Chilis in Vinegar consisting of layers of green olives, sliced carrots, and chilis, will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, prepared or preserved by vinegar or acetic acidothervegetablesother. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the Lemon and Thyme Infused Vinegar in Item no. OV200498, Item no. FV200557B and Item no. FV200553C Mango and Chili Infused Vinegar, containing mixtures of sliced dried mangoes and chili peppers, and Item no. FV200553B Lemon Infused Vinegar containing sliced lemons, will be 2001.90.6000, 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 Rosemary and Pignoli Infused Oil in Item no. OV200498, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings otherother. The rate of duty will be 6.4 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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See also:

• Tariff No.: 2001.90.39 - Vegetables (including olives) nesi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2103.90.80 - Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21