CLA-2-20:RR:NC:2:228 J87545

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Mr. Gat:

In your letter dated July 16, 2003, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. The samples were forwarded to the Customs laboratory for analysis. Item no. FV-205326A contains lemon slices, cranberries, and rosemary, in a liquid medium. Item no. FV-205326B consists of sliced green and red peppers in a liquid medium. Item no. FV-205326C contains dried pineapple and cranberries in a liquid medium. The products are put up in trumpet-shaped glass bottles measuring 11-1/4 inches tall and 5-1/2 inches wide at the base. Laboratory analysis found the items contained 5.15, 5.91, and 5.27 percent acetic acid, respectively.

The applicable subheading for item no. FV-205326B 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.

The applicable subheading for item no. FV-205326A and FV-205326C will be 2001.90.6000, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...other...other. The rate of duty will be 14 percent ad valorem.

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,
National Commodity
Specialist Division