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NY 881228



TARIFF NO.: 2001.90.3900; 2005.90.1000

Ms. Rosanne Esposito
Danzas Corp.
80 Broad Street
New York, NY 10004

RE: The tariff classification of prepared vegetables from Liechtenstein

Dear Ms. Esposito:

In your letter dated May 18, 1992, and in an undated later that was received on August 10, 1992, on behalf of Greentree Packing Co., Inc, Passaic, NJ, you requested a tariff classification ruling.

Samples were submitted with your second letter, and additional information was provided by Greentree Packing, in a letter dated December 1, 1992. The samples were forwarded to the U.S. Customs laboratory for analysis. "Oriental Salad" is a mixture of soy bean sprouts, chopped red peppers, carrot strips, and chinese mushroom strips, in a liquid solution composed of water, vinegar, sugar, salt, and spices. Analysis found the acetic acid content to be .6 percent. Oriental Salad is packed in a metal can containing 6 pounds, 9 ounces, net weight. "Carrot Salad (Julienne Strips) in Brine" is composed of thin carrot strips in a liquid solution of water, vinegar, sugar, salt, and spices, packed in a metal container holding 6 pounds, 8 ounces, net weight. The acetic acid content of the Carrot Salad was found to be .4 percent.

The applicable subheading for the Oriental Salad will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables..prepared or preserved by vinegar or acetic acid...other... vegetables...other. The rate of duty will be 12 percent ad valorem.

The applicable subheading for the Carrot Salad will be 2005.90.1000, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables...carrots in airtight containers. The rate of duty will be 10 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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