The tariff classification of prepared vegetables from Mexico

NY D84958 January 20, 1999 CLA-2-20:RR:NC:2:228 D84958 CATEGORY: Classification TARIFF NO.: 2001.90.3900 Mr. Derek Bentoff Mr. David Reimer Bentoff & Reimer 2661 North Moreland Blvd. Suite 8 Shaker Heights, OH 44120 RE: The tariff classification of prepared vegetables from Mexico Dear Mr. Bentoff and Mr. Reimer: In your undated letter, received by this office on November 23, 1998, you requested a tariff classification ruling. Ingredients breakdowns and three samples were submitted with your letter. The samples were forwarded to the U.S. Customs laboratory for analysis. Dona Aleja brand Chile Habanero, Chiles Chipoltes, and Chiles Jalapenos en Vinagre are mixtures of vegetables in a liquid medium, packed in glass jars for retail sale. Chile Habanero consists of vinegar, onions, habanero chili peppers, carrots, lemon juice, garlic, and salt. Chiles Chipoltes contains vinegar, water, carrots, onions, cauliflower, chipolte peppers, sugar, garlic, and salt. Chiles Jalapenos en Vinagre is composed of jalapeno peppers, vinegar, water, carrots, calabaza, onions, potatoes, corn, and garlic. Laboratory analysis found the acetic acid content of the Chile Habanero and Chiles Jalapenos en Vinagre to be 1.4 percent. Chiles Chipoltes contained 2.1 percent acetic acid. The applicable subheading for these three products 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...vegetables...other. The rate of duty will be 10 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 212-466-5760. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division