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NY 813910

October 31, 1995

CLA-2-20:R:N2:228 813910


TARIFF NO.: 2002.10.0020, 2005.90.5590, 2103.90.8000

Mr. Cesare Gallo
Gallo Brokerage
93 Willow Street
Wilkes Barre, PA 18702

RE: The tariff classification of prepared vegetables, and flavored oil from Italy.

Dear Mr. Gallo:

In your letter dated August 23, 1995, you requested a tariff classification ruling.

Ingredients breakdowns and four samples were submitted with your letter. Two samples or prepared vegetables were forwarded to the United States Customs Laboratory for analysis. Pomodori Secchi Farciti is stuffed sun dried tomatoes, olive oil, basil, capers, salt and vinegar. Analysis found the acetic acid content to be 0.4 percent. The Peperoncini Piccanti di Calabria consists of spicy peppers, olive oil, salt and vinegar. The acetic acid content is 0.35 percent. The Olio Santo Calabrese is a reddish-orange colored, clear liquid consisting of olive oil that has been allowed to mature with spicy peppers. Condipronto del Brigante is olive oil with ground dehydrated garlic and pepper. The vegetable products are packed for retail sale in glass jars weighing 200 grams, net weight. The flavored oil is packed in a glass bottle measuring seven inches in height, having a wire bail top and trigger closure, and holding 180 grams, net weight.

The applicable subheading for the Peperoncini Piccanti di Calabria will be 2005.90.5590, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables...fruits of the genus Capsicum...other...other. The rate of duty will be 17.1 percent ad valorem.

The applicable subheading for the Pomodori Secchi Farciti will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid...whole or in pieces... in containers holding less than 1.4 kg. Pursuant to Presidential Proclamation 5759, as modified, products of Italy, classified in subheading 2002.10.0020, HTS, will be subject to a rate of duty of 100 percent ad valorem, in subheading 9903.23.17, HTS.

The applicable subheading for the Olio Santo Calabrese and the Condipronto del Brigante will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings ...other...other..mixed condiments and mixed seasonings...other. The rate of duty will be 7.3 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 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 212-466-5760.


Roger J. Silvestri

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