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NY L84375

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July 25, 2005

CLA-2-20:RR:NC:2:228 L84375

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.6000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan St.
Santa Ana, CA 92704

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Mr. Gat:

In your letter dated May 9, 2005, you requested a tariff classification ruling.

The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. FV-213574 (A) contains red, orange, and green chilis, and orange peel cutouts, in a liquid medium. Item no. FV-213574 (B) contains red chilis, green chilis, and lemon slices, in a liquid medium. Item no. FV-213574 (C) consists of green and red chili rings, and green and red chilis inserted into carrot slices, in a liquid medium. Laboratory analysis found item no. FV-213574 (A), item no. FV-213574 (B), and Item no. FV-213574 (C) contained 5.54, 5.43, and 5.14 percent acetic acid, respectively. The products are put up in bottles measuring 12 inches tall and 2-1/2 in diameter at the base.

The applicable subheading for item no. FV-213574 (C) 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-213574 (A), and FV-213574 (B) 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 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 telephone number (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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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