The tariff classification of prepared vegetables from Chinaand Italy

NY 862997 May 30, 1991 CLA-2-20:S:N:N1:228 CATEGORY: Classification TARIFF NO.: 2003.10.0043; 2003.10.0053; 2005.90.8000 Mr. Salvatore Attina Attina Ltd. 1123 Yonkers Ave. Yonkers, NY 10704 RE: The tariff classification of prepared vegetables from China and Italy Dear Mr. Attina: In your letter dated April 30, 1991, you requested a tariff classification ruling. Samples and descriptive literature accompanied your letter. The samples were sent to the U.S. Customs laboratory for analysis. Mushrooms in Oil consists of whole mushrooms in a liquid medium composed of sunflower oil, wine vinegar, salt, citric acid, and ascorbic acid. Homestyle Mushrooms in Oil consists of sliced and chopped mushroom pieces, with an occasional (two percent total, by weight) piece of sliced red pepper, in a similar liquid medium. Rose Wood Mushrooms are sliced and broken mushroom pieces, with some full caps, in a medium composed of sunflower oil, spices, vinegar, and salt. Halved Artichoke Hearts in Oil contains sliced artichoke hearts in a medium of sunflower oil, salt, wine vinegar, citric acid, and ascorbic acid. Whole Artichoke Hearts in Oil contains whole artichoke hearts in the same liquid medium. Laboratory analysis found the acetic acid content for the products to range between .1 and .2 percent. The vegetables will be packed in glass jars containing from 275 to 2950 grams, net weight. The applicable subheading for the Mushrooms in Oil will be 2003.10.0043, Harmonized Tariff Schedule of the United States (HTS), which provides for mushrooms...prepared or preserved otherwise than by vinegar or acetic acid...other...in containers each holding more than 255 g ...whole (including buttons). The rate of duty will be 7.1 cents per kilogram on the drained weight, plus 10 percent ad valorem. The applicable subheading for Homestyle Mushrooms in Oil and Rose Wood Mushrooms will be 2003.10.0053, HTS, which provides for mushrooms... prepared or preserved...other...other. The rate of duty will be 7.1 cents per kilogram on the drained weight, plus 10 percent ad valorem. The applicable subheading for Halved Artichoke Hearts in Oil and Whole Artichoke Hearts in Oil will be 2005.90.8000, HTS, which provides for vegetables...prepared or preserved otherwise than by vinegar or acetic acid, not frozen...artichokes. The rate of duty will be 17.5 percent ad valorem. 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 U.S. 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 sample of Mushrooms in Oil does 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport