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NY J87518

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October 16, 2003

CLA-2-20:RR:NC:2:228 J87518

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.6000, 2103.90.8000

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

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

Dear Mr. Gat:

In your letter dated July 15, 2003, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. Two of the samples were forwarded to the Customs laboratory for analysis. Item no. FV-204350A consists of red chili peppers, apricots, and rosemary in oil. Item no. FV-204350B contains sliced red chili peppers in a liquid medium. And item no. FV-204350C consists of orange slices, cranberries, and thyme in a liquid medium. The products are put up in round-shaped glass bottles measuring 6-1/4 inches tall and 4-1/4 inches wide. Laboratory analysis found item no. FV-204350B contained 6.12 percent acetic acid, and item no. FV-204350C contained 5.33 percent acetic acid.

The applicable subheading for item no. FV-204350B, 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-204350C, 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.

The applicable subheading for item no. FV-204350A 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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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
• Tariff No.: 2103.90.80 - Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21