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NY I88137




November 27, 2002

CLA-2-22:RR:NC:SP:232 I88137

CATEGORY: CLASSIFICATION

TARIFF NO.: 2209.00.0000

Ms. Nilda P. de Manso
René Ortiz Villafañe, Inc.
US Customs Brokers
PO Box 9022562
Sa Juan, Puerto Rico 00902-2562

RE: The tariff classification of Vinegar from Argentina

Dear Ms. de Manso:

In your letter dated October 30, 2002, on behalf of Cecilio Massanet d.b.a. Empecadora Hill Brothers of Rio Piedras, Puerto Rico, you requested a tariff classification ruling.

You submitted product sampled and descriptive literature with your request. The subject merchandise is three types of vinegar that will be imported for retail sale. The first sample item is labeled “natural vinegar” and is a golden liquid in a 16.9 ounce clear plastic bottle. This product is described in the accompanying literature as an apple vinegar that has an acetic acid content of 4 percent, although the sample bottle indicated an acetic acid content of 5 percent. The second sample item is also labeled “natural vinegar” and is a clear liquid in a similar 16.9 ounce clear plastic bottle. This product is described as a vinegar that has an acetic acid content of 5 percent. The third item is described as a balsamic vinegar that has been aged for at least six months. This is a dark liquid in a ½ liter glass bottle. It is said to have an acetic acid content of 5 percent.

The applicable subheading for the three varieties of 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 duty rate will be 0.5 cents per proof liter.

Articles classifiable under subheading 2209.00.0000, HTS, which are products of Argentina are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

The Food and Drug Administration may impose additional requirements on these products. 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 CFR 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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