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NY K81602

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February 18, 2004
CLA-2-20:RR:NC:2:228 K81602

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 November 24, 2003, you requested a tariff classification ruling.

The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. FV-206121A consists of sliced red peppers, orange peppers, and olives in a liquid medium. Item no. FV-206121C contains cranberries kumquats, onions, and red, orange, and green peppers in a liquid medium. The products are put up in bottles measuring 7-1/4 inches tall and 1-1/2 wide. Laboratory analysis found item no. FV-206121A contained 4.30 percent acetic acid, and item no. FV-206121C contained 5.16 percent acetic acid.

The applicable subheading for item no. FV-206121A, 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-206121C, 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.

We are unable to issue a classification ruling on Item no. FV-206121B. The sample was damaged en route to the Customs laboratory. Please submit another sample for analysis.

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