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NY I81709




July 12, 2002

CLA-2-20:RR:NC:2:228 I81709

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 prepared vegetables and fruit from China.

Dear Mr. Gat:

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

Samples were submitted with your letter. The samples were forwarded to the U.S. Customs laboratory for analysis. Item no. FV-202821B Olive and Onion Blend contains tightly-packed kumquats, pearl onions, black olives, and green olives, in a liquid medium of distilled white vinegar, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate. Item no. FV202821C Onion Blend consists of tightly-packed pearl onions, cranberries, and orange slices, in a liquid medium of distilled white vinegar, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate. Laboratory analysis found the Olive and Onion Blend contained 3.63 percent acetic acid by weight and the Onion Blend contained 1.83 percent acetic acid. The vinegar and cranberries are products of the United States, the kumquats and orange slices are from China, the black and green olives are from Greece, and the pearl onions are from Israel. The components are assembled in China.

The applicable subheading for Item no. FV-202821B Olive and Onion Blend and Item no. FV202821C Onion Blend 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.

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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