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NY L83774




May 13, 2005

CLA-2-20:RR:NC:N2:228 L83774

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800

Mr. Carl Cammarata
George R. Tuttle
3 Embarcadero Center
San Francisco, CA 94111

RE: The tariff classification of prepared mushrooms from China

Dear Mr. Cammarata:

In your letter dated March 31, 2005, on behalf of Monterey Mushrooms, Inc., Watsonville, CA, you requested a tariff classification ruling.

A sample, submitted with your letter, was forwarded to the Customs laboratory for analysis. The sample consisted of a small glass jar containing whole mushrooms in a liquid medium. A hand-written label on the jar identified the contents as “Chinese mushrooms.” Your letter did not state the how the mushrooms will be packaged when imported into the United States. Laboratory analysis found the sample contained 0.53 percent acetic acid.

The applicable subheading for this merchandise will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetablesprepared or preserved by vinegar or acetic acidothervegetables other. The rate of duty will be 9.6 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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