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NY M87795




January 17, 2007

CLA-2-20:RR:NC:2:228 M87795

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 other parts of plants from China.

Dear Mr. Gat:

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

The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. FV-220806(A) is a glass bottle containing carrot slices with red and green chili inserts, red chili rings, red chili peel cutouts, and orange peel cutouts and bay leaves in a liquid medium. Item no. FV-220806(B) is a glass bottle containing red chili rings inserted with orange chilies, orange chili rings with green chili inserts, and green chili rings with red chili inserts in a liquid medium. Laboratory analysis found the items contained 3.70 and 4.95 percent acetic acid, respectively. The bottles measure 12 inches tall and contain 700 milliliters.

The applicable subheading for item no. FV-220806(B) 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. FV-220806(A) will be 2001.90.6000, HTSUS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...otherother. The rate of duty will be 14 percent ad valorem.

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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