Classification of Canned Sliced Water Chestnuts in Water

HQ 954564 July 9, 1993 CLA-2 CO:R:F 954564 GFC CATEGORY: Classification TARIFF NO.: 2005.90.4010 Mr. Frank Lin New Era Trade International 322 Mall Blvd., Suite 200 Monroeville, Pennsylvania 15146 RE: Classification of Canned Sliced Water Chestnuts in Water Dear Mr. Lin: This is in response to your letter of July 2, 1993, requesting the tariff classification of canned water chestnuts from the People's Republic of China. You also request information on marking requirements, declarations and certifications needed for importing into the United States. In response to that part of your request, we are enclosing our booklet "Importing into the United States" which will provide you with additional information you request. FACTS: A copy of the packing information states that the commodity consists of water chestnuts, peeled and sliced, and canned in water. ISSUE: The tariff classification of canned, sliced water chestnuts in water under the Harmonized Tariff Schedules of United States (HTSUS). LAW AND ANALYSIS: Canned water chestnuts, whole or sliced, are provided for under item 2005.90.40 of the HTSUS as "[o]ther vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen" and are free of duty under the Column 1 "General" rates for products from countries receiving most-favored-nation (MFN) rates. The People's Republic of China is entitled to these rates. -2- HOLDING: The water chestnuts as described are classifiable under the provision for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen in subheading 2005.90.40 of the HTSUS and are free of duty. Additional requirements may be imposed on this product by the Food and Drug Administration (FDA). You may contact the FDA at the following: Import Branch HFS-606 Food and Drug Administration 200 C Street, SW., Rm 5405 Washington, D.C. 20204 Sincerely, John Durant, Director Commercial Rulings Division Enclosure