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NY F89302




August 10, 2000

CLA-2-19:RR:NC:2:228 F89302

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.2010, 1902.19.2020, 1902.19.2030, 2001.90.3900, 2001.90.6000, 7013.39.2000, 7323.99.9060

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

RE: The tariff classification of pasta and a metal rack, and vegetables and fruit in vinegar, from China.

Dear Mr. Harper:

In your letter dated July 14, 2000 you requested a tariff classification ruling.

Five samples, ingredients breakdowns and illustrative literature accompanied your letter. Three of the samples were forwarded to the U.S. Customs Laboratory for analysis. The remaining samples were examined and disposed of. Item no. PA200139 is a collection of pasta (tomato, spinach and beet) put up in glass storage articles, and a metal rack. The curly shaped pasta is made from enrichred semolina, and either spinach, beet, or tomato powder. The triangular shaped glass storage articles measure approximately 6½, 10, and 12 inches tall, and have cork stoppers. The value of each glass article is under $3. Item no. FV200126 Chili Infused Vinegar contains whole chilis, Item nos. FV200129 and FV200218 Mango and Chili Infused Vinegar contain mangos and chili slices, and Item no.FV200131 Garden Mix Infused Vinegar contains onions, chilis, lemon slices and rosemary. The vegetables and mixture of vegetables and fruit, are in a liquid medium of vinegar, citric acid, salt, sodium sulfate, sodium benzoate, and potassium sorbate, and packed in clear glass bottles of various sizes and shapes. The lab found the samples to contain over 0.5 percent acetic acid.

The products are assembled in and exported from China. The pasta is a product of Italy. The vinegar is from the United States. The mangos are from Thailand. The chili peppers are from China. The onion and the rosemary are from Israel. And the metal rack and the bottles are from China.

The applicable subheading for the pasta in item no. PA200139, when subject to the Inward Processing Regime (IPR), will be 1902.19.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for uncooked pasta, not stuffed or otherwise preparedother exclusively pastaproduct of a European Union (EU) Country subject to the Inward Processing Regime (IPR). When the imported pasta is subject to the EU reduced export refund in accordance with the US-EU Pasta agreement, the applicable subheadings will be 1902.19.2020 or 1902.19.2030, HTS. In all cases, the rate of duty will be free. However, this merchandise, non-egg dry pasta, a product of Italy, may be subject to antidumping and/or countervailing duties.

Importations of pasta, classified in subheadings 1902.19.2010, 1902.19.2020, and 1902.19.2030, HTS, must be accompanied by an EU P1 form (for pasta classified in subheading 1902.19.2010) or EU P2 form (for pasta classified in subheadings 1902.19.2020 or 1902.19.2030).

The applicable subheading for Item no. FV200126 Chili Infused Vinegar will be 2001.90.3900, HTS, which provides for vegetables, prepared or preserved by vinegar or acetic acidother vegetablesother. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for Item nos. FV200129 and FV200218 Mango and Chili Infused Vinegar, and Item no. FV200131 Garden Mix Infused Vinegar 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 acid otherother. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the glass storage article in item no. PA200139 will be 7013.39.2000, HTS, which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics otherothervalued not over $3 each. The rate of duty will be 25.5 percent ad valorem.

The applicable subheading for the metal rack in item no. PA200139 will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; othernot coated or plated with precious metalother other. The rate of duty will be 3.4 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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