The tariff classification of preserved vegetables and fruit from China.

NY L84319 July 19, 2005 CLA-2-20:RR:NC:2:228 L84319 CATEGORY: Classification TARIFF NO.: 2001.90.3800, 2001.90.6000, 2005.51.4040 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan St. Santa Ana, CA 92704 RE: The tariff classification of preserved vegetables and fruit from China. Dear Mr. Gat: In your letter dated May 9, 2005, you requested a tariff classification ruling. Three samples and illustrative literature were submitted with your letter. Two of the samples were forwarded to the U.S. Customs and Border Protection laboratory for analysis. Item no. OV-213584 (c) contains orange chili rings inserted in green chili rings, and orange chili rings inserted in red chili rings, in a liquid medium. Item no. OV-213584 (b) contains sliced red chilis, green chilis, red chili peel “cutouts”, and orange peel “cutouts”, in a liquid medium. Item no. OV-213584 (a) contains mung beans, black-eyed peas, and red beans, in canola oil. Each of the items are put up in glass bottles measuring approximately 10 inches tall with a base measuring 3-1/2 inches in diameter. Laboratory analysis found Item no. OV-213584 (b) contained 4.39 percent acetic acid and item no. OV-213584 (c) contained 4.44 percent acetic acid. The applicable subheading for item nos. OV-213584 (c) 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. OV-213584 (b) 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. The applicable subheading for item no. OV-213584 (a) will be 2005.51.4040, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…beans (Vigna spp., Phaseolus spp.)…beans, shelled…other…other. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container. 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