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NY B85910

June 5, 1997

CLA-2-22:RR:NC:SP:232 B85910


TARIFF NO.: 2209.00.0000

Brett Ian Harris
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of infused vinegar from China.

Dear Mr. Harris:

In your letter dated May 22, 1997, on behalf of Shonfeld's Ltd.(U.S.A.)Inc., you requested a tariff classification ruling.

Five samples in various size glass bottles, which are labelled IV-4141, IV-2121, IV-1241, IV-1152 and IV-XXXX, were included with your request. Additional information was faxed to this office on May 30, 1997. The samples were examined and are being returned as per your request. The subject merchandise is described as a white vinegar containing cherry flavoring. The vinegar and cherry flavoring are produced in the United States. They are sent to China, where they are combined and packaged in glass bottles, which are labelled and then sealed with wax. The applicable subheading for the cherry flavored vinegar will be 2209.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.6 cents per proof liter.

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 product label you have submitted does 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 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 John Maria at 212-466-5730.


Gwenn Klein Kirschner
Chief, Special Products Branch

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