he tariff classification of fruits and vegetables in vinegar, from China

NY E85638 October 12, 1999 CLA-2-20:RR:NC:2:228 E85638 CATEGORY:Classification TARIFF NO.:2001.90.3900; 2001.90.6000 Mr. John A. Carrier World Bazaars, Inc. 2400 Yates Avenue Commerce, CA 90040 RE:The tariff classification of fruits and vegetables in vinegar, from China Dear Mr. Carrier: In your letter dated August 4, 1999 you requested a tariff classification ruling. Ingredients breakdowns and illustrative literature accompanied your letter. Two representative samples, submitted with earlier correspondence, were forwarded to the U.S. Customs laboratory for analysis. The products consist of whole or sliced fruits, vegetables, or mixtures of fruits and vegetables, in a liquid medium of water, acetic acid, and salt, packed in clear glass bottles of various sizes and shapes. Laboratory analysis of the two samples, sliced oranges and whole chili peppers, found the acetic acid content to be 5.5 and 5.7 percent, respectively. The applicable subheading for the tomato and the chili pepper 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. The applicable subheading for the orange, lemon, kiwi, and “mixed fruit” (grape, tomato, and kumquat) products will be 2001.90.6000, HTS, which provides for fruit…prepared or preserved by vinegar or acetic acid…other…other…other. The rate of duty will be 14.6 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 212-637-7065. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division