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NY J87512

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September 19, 2003

CLA-2-20:RR:NC:2:228 J87512

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.6000

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

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

Dear Mr. Gat:

In your letter dated July 11, 2003, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. The samples were forwarded to the Customs laboratory for analysis. Item no. FV-205067A Mixed Case 1L Milano Bottle is comprised of layers of sliced red chili peppers, green chili peppers, and garlic bulbs, in a liquid medium. Item no. FV-205067B consists of orange peels and cranberries in a liquid medium. Item no. FV-205067C contains red chili peppers in a liquid medium. All of the products are put up in glass bottles measuring 14-1/2 inches tall. Laboratory analysis found items contained 2.78, 1.60, and 3.46 percent acetic acid, respectively.

The applicable subheading for item no. FV-205067A Mixed Case 1L Milano Bottle-red chili peppers, green chili peppers, and garlic, and item no. FV-205067C red chili peppers, will be 2001.90.3800, 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...vegetables...other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for item no. FV-205067B orange peels and cranberries, will be 2001.90.6000, 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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See also:

• Tariff No.: 2001.90.38 - Vegetables (including olives) nesoi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid