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NY K81511




February 25, 2004
CLA-2-20:RR:NC:2:228 K81511

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 November 21, 2003, you requested a tariff classification ruling.

The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. FV-206128A contains yellow chili peppers, garlic, olives, and cranberries in a liquid medium. Item no. FV-206128C contains green and red chili rings, lima beans, starfruit, and cranberries in a liquid medium. The products are put up in long-neck glass bottles measuring 12 inches tall. Laboratory analysis found the items contained 3.32 and 4.16 percent acetic acid.

The applicable subheading for item no. FV-206128A and FV-206128C will be 2001.90.6000,Harmonized Tariff Schedule, (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.

We are unable to issue a classification ruling on Item no. FV-206128B. The content description submitted with your request differs with the laboratory description. Please verify the actual components in item FV-206128B, and submit another sample.

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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