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NY J87535

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September 25, 2003

CLA-2-20:RR:NC:2:228 J87535

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 from China.

Dear Mr. Gat:

In your letter dated July 14, 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. The third sample was examined and disposed of. Item no. OV-205381A contains red chili peppers in a liquid medium. Item no. OV-205381B contains orange slices, cranberries, and thyme, in a liquid medium. Item no. OV-205381C contains dried apple slices and cinnamon sticks, in canola oil. The products are put up in glass bottles measuring 8 inches tall and 5 inches in diameter. Laboratory analysis found item no. OV-205381A contained 5.69 percent acetic acid and item no. OV-205381B contained 4.26 percent acetic acid.

The applicable subheading for item no. OV-205381A 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. OV-205381B 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. OV-205381C, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings, 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