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NY N022686




March 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2004.90.8580

Ms. Sonia Medina
Flegenheimer International
227 W. Grand Avenue
El Segundo, CA 90245

RE: The tariff classification of frozen grilled vegetables from Italy.

Dear Ms. Medina:

In your letters dated January 24, 2008, and January 29, 2008, on behalf of Stonegate Foods Inc., San Pedro, CA, you requested a tariff classification ruling.

Ingredients breakdowns and a description of the manufacturing process were submitted with your first letter and three samples accompanied your second letter. The samples were forwarded to the Customs and Border Protection laboratory for analysis. The Antipasto di Eggplants, Antipasto di Zucchini, and Antipasto di Peppers are said to consist of 90 percent vegetables (eggplants, zucchini, or red and orange peppers), 6.1 percent sunflower oil, 2.6 percent olive oil, and less than one percent each of salt, wine vinegar, garlic, parsley, black pepper, and oregano. The vegetables have been washed, cut or sliced into large pieces, grilled, seasoned, frozen, and packed into 1-lb and 5-kg plastic bags, a single vegetable in each bag. Laboratory analysis found no acetic acid in the samples.

The applicable subheading for the Antipasto di Eggplants, Antipasto di Zucchini, and Antipasto di Peppers will be 2004.90.8580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006other vegetables and mixtures of vegetablesother other, including mixtures. 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.

Your inquiry does not provide enough information for us to issue a classification ruling on the Mixed Seasoned Italian Hors d’Oeuvre product. Your request for a classification ruling should include a sample for laboratory analysis. When this information is available, you may wish to consider resubmission of your request.

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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