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NY H88604




March 13, 2002

CLA-2-22:RR:NC:SP:232 H88604

CATEGORY: CLASSIFICATION

TARIFF NO.: 2209.00.0000

Ms. Kathy P. Hurt
Kathy Hurt Customs Brokers, Inc.
3420 Norman Berry Drive, Suite 208
Hapeville, GA 30354

RE: The tariff classification of Balsamic Vinegar from Italy

Dear Ms. Hurt:

In your letter dated February 5, 2002, on behalf of My Home Chef, Inc. d/b/a/ Specialty Foods International of Atlanta, Georgia, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is “Fattoria Estense” balsamic vinegar. This is described as balsamic vinegar that has been aged for ten (“Riserva”), twelve (“Tradizionale” – Gold Cap), or fifteen years (“Gran Riserva”) respectively. The “Riserva” and the “Gran Riserva” will be imported for retail sale in glass bottles with cork stoppers, as per the photograph provided. No volume information was supplied, so the size of these bottles is unknown. The packaging for the “Tradizionale” appears to be a box or can, which may or may not contain a similar bottle within.

The applicable subheading for the three varieties of balsamic vinegar will be 2209.00.0000, Harmonized Tariff Schedule of the United States (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.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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