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NY L84379




August 1, 2005

CLA-2-20:RR:NC:2:228 L84379

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800

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

RE: The tariff classification of preserved vegetables from China.

Dear Mr. Gat:

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

Samples and illustrative literature were submitted with your letter. The samples were forwarded to the U.S. Customs and Border Protection laboratory for analysis. Item no. FV-213582 (A) is comprised of red chili logs and green chili logs stuffed with red chilis, in a liquid medium. Item no. FV-213582 (B) contains red, green, and orange chili logs, in a liquid medium. Laboratory analysis found the items contained 5.37 and 5.47 percent acetic acid respectively. The vegetables are put up in glass bottles measuring approximately 8-1/2 inches tall, 2-7/8 inches square, and containing 200 ml.

The applicable subheading for item nos. FV-213582 (A) and FV-213582 (B) 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.

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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