CLA-2-20:RR:NC:2:228 H86849

Ms. Denise Manfra
International Marketing Systems, Ltd.
One Corporate Drive, Suite 402
Shelton, CT 06484

RE: The tariff classification of sweet roasted peppers from Greece and artichoke hearts from Spain.

Dear Ms. Manfra:

In your letter dated December 28, 2001, you requested a tariff classification ruling.

Samples and a list of ingredients were submitted with your letter. The samples were forwarded to the United States Customs Laboratory for analysis. Marinated Artichoke Hearts consist of artichoke hearts in a liquid medium of water, vegetable oil, vinegar, salt, spices, and citric acid. Sweet Roasted Peppers contain roasted red peppers in water, salt, and vinegar. The vegetables are put up in glass jars containing 907 grams and 368.5 grams respectively. Laboratory analysis found the artichokes contained 0.8 percent acetic acid and the peppers contained 0.5 percent acetic acid.

The applicable subheading for the Marinated Artichoke Hearts will be 2001.90.2500, 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…other…vegetables…artichokes. The rate of duty will be 10.2 percent ad valorem.

The applicable subheading for the Sweet Roasted Peppers will be 2001.90.3800, HTS, which provides for vegetables, fruit, nuts, and other edible parts of plants, prepared or preserved by vinegar or acetic acid…other…other…vegetables…other. The rate of duty will be 9.6 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