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

NY L84381 August 1, 2005 CLA-2-20:RR:NC:2:228 L84381 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 May 9, 2005, you requested a tariff classification ruling. The samples submitted with your letter were forwarded to the Customs and Border Protection laboratory for analysis. Item no. FV-213583 (a) contained orange, green, and red chili rings, and lemon slices, in a liquid medium. Item no. FV-213583 (b) contained sliced red chilis, garlic, and lemon slices, in a liquid medium. Item no. FV-213583 (c) contained red and orange chili logs, orange peel cutouts, and bay leaves, in a liquid medium. Laboratory analysis found item nos. FV-213583 (a) (b) and (c) contained 4.86, 4.72, and 5.70 percent acetic acid, respectively. The products are put up in urn-shaped bottles measuring 9 inches tall and 3-1/4 inch diameter base. The applicable subheading for item nos. FV-213583 (a) (b) and (c) 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