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NY F89618




September 18, 2000

CLA-2-20:RR:NC:2:228 F89618

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900, 2001.90.6000, 2209.00.0000

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

Five samples and illustrative literature accompanied your letter. Three of the samples were forwarded to the U.S. Customs laboratory for analysis. Item no. FV-201314 B Chili Infused Vinegar, and Item no. FV-201314A Chili, Pearl Onion, Lemon & Rosemary Infused Vinegar, Item no. FV-201314C Mango and Chili Infused Vinegar, contain vegetables, or a mixture of vegetables and fruit tightly packed in a liquid medium of vinegar, citric acid, salt, sodium sulfate, sodium benzoate, and potassium sorbate. They are put up in clear glass bottles of various sizes and shapes with a screw top. Laboratory analysis found each of these three products to contain over 0.5 percent acetic acid. Item no. OV-200739 200739 Chili, Pearl Onion & Rosemary Infused Vinegar, consists of a glass amphora (urn shaped bottle) measuring approximately 10 inches tall and 5 inches in diameter at its widest part. The sample contains white vinegar (6 percent acetic acid), citric acid, sodium sulfite, sodium benzoate, salt, and potassium sorbate, with chili peppers, pearl onions, thyme, and rosemary floating within.

The applicable subheading for Item no. FV-201314B Chili Infused Vinegar, will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, prepared or preserved by vinegar or acetic acidothervegetables other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for Item no. FV-201314A Chili, Pearl Onion, Lemon & Rosemary Infused Vinegar, and Item no. FV-201314C Mango and Chili 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 acidotherother. The rate of duty will be 14 percent ad valorem.

The applicable subheading for Item no. OV-200739 Chili, Pearl Onion & Rosemary Infused Vinegar, will be 2209.00.0000, HTS, which provides for vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.5 cents per proof liter.

Your inquiry does not provide enough information for us to give a classification ruling on Item no. OVG-200793 Rice Vinegar. Your request for a classification ruling should include the acetic acid content of this product. When this information is available, you may wish to consider resubmission of your request. If you decide to do so, please mail your request to the U.S. Customs Service, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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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