The tariff classification of preserved vegetables and fruits from China.

NY I89598 February 12, 2003 CLA-2-20:RR:NC:2:228 I89598 CATEGORY: Classification TARIFF NO.: 2001.90.3800, 2001.90.6000 Mr. Kim Young BDP International, Inc. 2721 Walker Avenue, NW Grand Rapids, MI 4904 RE: The tariff classification of preserved vegetables and fruits from China. Dear Mr. Young: In your letter dated December 13, 2002, on behalf of Meijer Distribution, you requested a tariff classification ruling. Three samples were submitted with your letter, two of which (preserved vegetables and preserved vegetables and fruit) were forwarded to the United States Customs laboratory for analysis. The third sample, described as a decorative glass filled with spices and seeds, was the subject of ruling J80102 dated January 27, 2003. The preserved vegetables consisted of layers of green peppers, red peppers, and garlic in a liquid medium. The laboratory found the sample contained 3.8 percent acetic acid. The preserved vegetables and fruit consisted of layers of green peppers, red peppers, and lemon slices in a liquid medium. The laboratory found this sample contained 4.1 percent acetic acid. Both samples were put up in round glass bottles measuring 5 inches tall and 3-3/4 inches wide. The applicable subheading for the preserved red peppers, green peppers, and garlic will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid…other…other…vegetables… other. The rate of duty will be 9.6 percent ad valorem. The applicable subheading for the preserved red peppers, green peppers, and lemon slices will be 2001.90.6000, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid…other… other…other. The rate of duty will be 14 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 646-733-3029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division