The tariff classification of preserved vegetables and fruit from China.Dear Mr. Gat:

NY L81961 June 29, 2005 CLA-2-20:RR:NC:2:228 L81961 CATEGORY: Classification TARIFF NO.: 2001.90.6000 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan Street Santa Ana, CA 92704 RE: The tariff classification of preserved vegetables and fruit from China. Dear Mr. Gat: In your letter dated January 17, 2005, you requested a tariff classification ruling. The sample submitted with your letter was forwarded to the Customs laboratory for analysis. Item no. FV-214318 consists of red, orange, and green chili peppers, pearl onions, and kumquats, in a liquid medium. The product is put up in a glass bottle containing 700 ml. Laboratory analysis found the item contained 4.46 percent acetic acid. The applicable subheading for item no. FV-214318 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 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