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NY I81284




August 7, 2002

CLA-2-20:RR:NC:2:228 I81284

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of vegetables and fruit in vinegar from China.

Dear Mr. Gat:

In your letter dated April 26, 2002, you requested a tariff classification ruling.

Samples were submitted with your letter. Two of the samples were forwarded to the U.S. Customs laboratory for analysis. Item no. FV-202706 Citrus Berry Infused Vinegar contains cranberries and slices of oranges in a liquid medium of distilled white vinegar, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate. Item no. FV-202705 Chili and Star Fruit Infused Vinegar consists of chili peppers and star fruit in a liquid medium of distilled white vinegar, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate. Item no. OV-202718 Tuscan Bread Dipping Blend Infused Oil contains canola oil with green olives, black peppercorns, dried chili, bay leaves, and dried orange peel. Laboratory analysis found item no. FV-202706 Citrus Berry Infused Vinegar contained 1.54 percent acetic acid by weight and item no. FV-202705 Chili and Star Fruit Infused Vinegar contained 9.53 percent acetic acid. The vinegar and cranberries are products of the United States, the canola oil is from Canada, the orange slices and peel, red chili, star fruit, dried chili, and bay leaves are from China, and the green olives are from Greece. The components are assembled in China.

The applicable subheading for item no. FV-202706 Citrus Berry Infused Vinegar and item no. FV-202705 Chili and Star Fruit Infused Vinegar will be 2001.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...other...other. The rate of duty will be 14 percent ad valorem.

The applicable subheading for item no. OV-202718 Tuscan Bread Dipping Blend Infused Oil will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsotherother other. 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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