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NY H83393




July 25, 2001

CLA-2-20:RR:NC:2:228 H83393

CATEGORY: CLASSIFICATION

TARIFF NO.: 2003.10.0047

Mr. Matthew K. Nakachi
George R. Tuttle, P.C.
3 Embarcadero Center Suite 1160
San Francisco, CA 94111

RE: The tariff classification of prepared mushrooms from China

Dear Mr. Nakachi:

In your letter dated June 29, 2001, on behalf of Horley Trading, San Francisco, CA, you requested a tariff classification ruling.

The merchandise consists of sliced mushrooms imported in refrigerated condition, in plastic buckets filled with a brine solution. Whole mushrooms are blanched, sliced, immersed in a solution of water, salt, ascorbic acid, malic acid, citric acid, sodium benzoate, potassium sorbate, and EDTA, filled into plastic buckets, and refrigerated at 35 degrees Fahrenheit. The drained weight of mushrooms in each plastic bucket will be 64 ounces.

The applicable subheading for the preserved mushrooms will be 2003.10.0047, Harmonized Tariff Schedule of the United States (HTS), which provides for mushroomsprepared or preserved otherwise than by vinegar or acetic acidotherin containers each holding more than 255 gsliced. The rate of duty will be 6 cents per kilogram on drained weight, plus 8.5 percent ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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