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NY M87310




January 25, 2007

CLA-2-20:RR:NC:2:228 M87310

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2005.90.9700

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

RE: The tariff classification of preserved vegetables from China.

Dear Mr. Gat:

In your letter dated October 19, 2006, you requested a tariff classification ruling.

Two samples were submitted with your letter. One of the samples was forwarded to the Customs laboratory for analysis, the other was examined and disposed of. Item no. OV-220804A contains layers of red chili rings, garlic, and orange chilis in a liquid medium. Item no. OV-220804B contains layers of white beans, red beans, black beans, yellow lentils, and green peas in canola oil. The products are put up in 12 inch bottles containing 750 milliliters. Laboratory analysis found item no. OV-220804A contained 3.86 percent acetic acid.

The applicable subheading for item no. OV-220804A will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTSUS), 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. OV-220804B will be 2005.90.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesother. The rate of duty will be 11.2 percent ad valorem.

Pursuant to title 19 United States Code, Section 3005 the Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that item no. OV-220804B will be classified in 2005.99.9700, HTSUS.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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