The tariff classification of preserved vegetables and fruit from China.

NY J87452 September 25, 2003 CLA-2-20:RR:NC:2:228 J87452 CATEGORY: Classification TARIFF NO.: 2001.90.3800, 2001.90.6000 Mr. Shachar Gat Shonfeld’s USA, Inc. 16871 Noyes Avenue Irvine, CA 92606 RE: The tariff classification of preserved vegetables and fruit from China. Dear Mr. Gat: In your letter dated July 14, 2003, you requested a tariff classification ruling. Samples and illustrative literature were submitted with your letter. The samples were forwarded to the Customs laboratory for analysis. Item no. FV-205403A contains red, orange, and green chili peppers in a liquid medium. Item no. FV-205403B contains red chili peppers, garlic, rosemary, and a lemon slice, in a liquid medium. Item no. FV-205403C contains orange rinds and cranberries in a liquid medium. The products are put up in flat, oval-shaped, glass bottles measuring 11-1/4 inches tall and 5-1/2 inches in diameter. Laboratory analysis found item no. FV-205403A contained 5.51 percent acetic acid and item no. FV-205403B contained 2.34 percent acetic acid, and item no. FV-205403C contained 5.81 percent acetic acid. The applicable subheading for item no. FV-205403A 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...vegetables...other. The rate of duty will be 9.6 percent ad valorem. The applicable subheading for item no. FV-205403B and FV-205403C 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