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NY N009913




June 7, 2007

CLA-2-:RR:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.99.2000, 2005.99.9700

Ms. Kathleen Nigro
Combined Transport Systems, Inc.
508 Morris Avenue
Elizabeth, NJ 07208-1089

RE: The tariff classification of prepared vegetables from Greece.

Dear Ms. Nigro:

In your letters dated March 29, 2007 and April 17, 2007, on behalf of Source Atlantique, Englewood Cliffs, NJ, you requested a tariff classification ruling.

Samples of three products submitted with your March letter were examined and forwarded to the Customs laboratory for analysis. Pomegranate Glazed Onions are small onions measuring approximately 1 inch in diameter and a few broken currants, in a thick, brown medium. It consists of 74.5 percent onions, 13.05 percent pomegranate must, 7.1 percent water, 1.84 percent currants, 1.24 percent corn starch, and less than one percent each of orange peel, olive oil, sunflower oil, spices, mahlab, sea salt, and red wine vinegar. Roasted Bruschetta is a thick, reddish-brown product with visible pieces of vegetables, consisting of 21 percent roasted red and green peppers, 18.5 percent green and black olives, 14 percent water, 10 percent “syrup of peppers” (brine of canned peppers consisting of water, vinegar, concentrated grape must and sea salt), 6 percent each of sundried tomato and sautéed onions, 5 percent eggplant, 4 percent sunflower oil, 3.2 percent concentrated grape must, 3 percent zucchini, 2 percent each of garlic and corn starch, 1.5 percent extra virgin olive oil, 1 percent of each diced tomatoes and red wine vinegar, and less than one percent each of coriander, black pepper, sea salt, and ascorbic acid. Spicy Tomato with Roasted Peppers is a loose, reddish-orange product containing visible pieces of vegetables. It consists of 45.4 percent diced tomatoes, 17.4 percent red and yellow peppers, 15.1 percent onions, 8.4 percent water, 2.5 percent olive oil, 2 percent each of garlic and currants, 1.7 percent tomato paste, 1.6 percent red wine vinegar, 1.3 percent honey, 1 percent capers, and less than one percent each of sunflower oil, spices, and sea salt. The Pomegranate Glazed Onions, Roasted Bruschetta, and Spicy Tomato with Roasted Peppers will be imported in plastic trays with sealed, clear peel-back lids containing 8.5, 5.5, and 5.5 ounces respectively. The Pomegranate Glazed Onions and Spicy Tomato with Roasted Peppers are also imported in pouches containing 2.265 kilograms. The Bruchetta is also imported in plastic bottles with screw-top lids containing 1.14 kilograms (drained weight). Laboratory analysis of the samples found the Pomegranate Glazed Onions did not contain acetic acid, the Roasted Bruschetta contained 0.1 percent acetic acid, and the Spicy Tomato with Roasted Peppers contained 0.05 percent acetic acid.

The applicable subheading for Pomegranate Glazed Onions will be 2005.99.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenother vegetablesother onions. The duty rate will be 4.5 percent ad valorem.

The applicable subheading for the Roasted Bruschetta and Spicy Tomato with Roasted Peppers will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006other vegetables and mixtures of vegetablesother. The rate of duty will be 11.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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