The tariff classification of prepared vegetables from Italy.

NY 813911 October 31, 1995 CLA-2-20:R:N2:228 813911 CATEGORY: Classification TARIFF NO.: 2001.90.3900, 2005.90.2000, 2005.90.9700 Mr. Cesare Gallo Gallo Brokerage 93 Willow Street Wilkes Barre, PA 18702 RE: The tariff classification of prepared vegetables from Italy. Dear Mr. Gallo: In your letter dated August 23, 1995, you requested a tariff classification ruling. Ingredients breakdowns and four samples accompanied your letter. Three samples of prepared vegetables were forwarded to the United States Customs Laboratory for analysis. The "Artibel" brand vegetable products are packed for retail sale in glass jars weighing 200 grams, net weight. The Filetti di Cipolla Rossa di Tropea consists of sliced red onions, olive oil, garlic, basil, salt and vinegar. Analysis found the acetic acid content to be 0.35 percent. The Salsapronta Contadina contains minced green tomatoes, eggplants, zucchini, onions in variable portions, olive oil, pepper, salt, and vinegar. The acetic acid content is 0.65 percent. The Filetti di Pomodori Acerbi are sliced green tomatoes, garlic, sweet red peppers, olive oil, fennel seeds, salt, and vinegar. The acetic acid content is 0.19 percent. The applicable subheading for the Salsapronte Contadina will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables...prepared or preserved by vinegar or acetic acid...other...other...vegetables...other. The rate of duty will be 11.6 percent ad valorem. The applicable subheading for the Filetti di Cipolla Rossa di Tropea will be 2005.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables... onions. The rate of duty will be 6.6 percent ad valorem. The applicable subheading for the Filetti di Pomodori Acerbi will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables... other. The rate of duty will be 16.4 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on the Melassa di Fichi Calabresi. Your request for a classification ruling should include a complete description of the manufacturing process. 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 (19 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 ruling is being issued under the provisions of Section 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 212-466-5760. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division