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NY J87546

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October 29, 2003

CLA-2-20:RR:NC:2:228 J87546

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.4500, 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 16, 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-205734A contains red chili peppers, garlic, lemon slices, and rosemary, in a liquid medium. Item no. FV-205734B consists of red chili peppers in a liquid medium. Item no. FV-205734C contains sliced mangos and red chili peppers in a liquid medium. FV-205734D contains sliced orange, green, and red chili peppers, in a liquid medium. The products are put up in glass bottles measuring 9-1/2 inches tall and 2 inches wide at the base. Laboratory analysis found the items contained 3.20, 3.35, 1.09, and 5.43 percent acetic acid, respectively.

The applicable subheading for item nos. FV-205734B and FV-205734D 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 nos. FV-205734C will be 2001.90.4500, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...mangoes. The rate of duty will be 1.5 cents per kilogram.

The applicable subheading for item nos. FV-205734A 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.: 2001.90.45 - Mangoes, 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