The tariff classification of preserved vegetables from China.

NY L81960 May 19, 2005 CLA-2-20:RR:NC:2:228 L81960 CATEGORY: Classification TARIFF NO.: 2001.90.3800, 7323.99.9060 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan St. Santa Ana, CA 92704 RE: The tariff classification of preserved vegetables from China. Dear Mr. Gat: In your letter dated January 17, 2005, you requested a tariff classification ruling. A sample and illustrative literature was submitted with your letter. The sample was forwarded to the U.S. Customs and Border Protection laboratory for analysis. Item no. FV-213525 Chili Banji in a Rack is comprised of three bottles containing preserved vegetables, in a metal rack. The first bottle contained red, yellow, and green chili pepper rings, and green beans in a liquid medium. Laboratory analysis found this sample contained 4.34 percent acetic acid. The second bottle contained garlic wrapped with green, orange, and red chili rings in a liquid medium. Laboratory analysis found this sample contained 4.23 percent acetic acid. The third bottle contained red and green chili pepper pieces in a liquid medium. Laboratory analysis found the third bottle contained 5.06 percent acetic acid. The applicable subheading for item no. FV-213525 Chili Banji in a Rack 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 the metal rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel…other… other…other…other. The rate of duty will be 3.4 percent ad valorem. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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