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NY E84851

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October 6, 1999

CLA-2-20:RR:NC:2:228 E84851

CATEGORY: CLASSIFICATION

TARIFF NO.: 2003.10.0027; 2003.10.0043; 2005.70.9100; 2005.70.9300; 2005.70.9700; 2005.90.2000; 2005.90.9700

Mr. John Ockey
Dinon srl
Via Pallavicino, 21
20145 Milano Italy

RE: The tariff classification of prepared vegetables from Italy

Dear Mr. Ockey:

In your letter dated July 10, 1999 you requested a tariff classification ruling.

Five samples were submitted with your letter. Three were forwarded to the U.S. Customs laboratory for analysis. The remaining two were examined and disposed of. Mushroom Salad is composed of a variety of mushrooms in sunflower seed oil, wine vinegar, parsley, garlic, salt, flavors, sodium glutamate, ascorbic acid, and citric acid. Sweet and Sour Onions are whole onions in a medium of sunflower seed oil, wine vinegar, salt, sugar, pepper, flavors, and ascorbic and citric acid. Seasoned Green Olives are whole green olives in a medium composed of sunflower seed oil, peppers, salt, chili pepper, parsley, garlic, flavors, ascorbic acid, and citric acid. Seasoned Black Olives are whole black olives in a similarly-composed medium. Vegetable Salad consists of sliced artichoke hearts, sliced peppers, whole mushrooms, and whole, stuffed green olives, in sunflower seed oil, wine vinegar, salt, flavors, sodium glutamate, ascorbic acid, and citric acid. Laboratory analysis of the mushroom salad, sweet and sour onions, and vegetable salad found all contained less than 0.5 percent of acetic acid. All samples were packed in hermetically sealed plastic trays, containing 200 grams, net weight. Your letter states they will also be imported in these containers and also in 2000-gram trays.

The applicable subheading for the mushroom salad, in 200-gram trays, will be 2003.10.0027, Harmonized Tariff Schedule of the United States (HTS), which provides for mushroomsprepared or preserved otherwise than by vinegar or acetic acidotherwhole (including buttons). When imported in 2000-gram trays, the applicable subheading will be 2003.10.0043, HTS. The rate of duty, in both cases, will be 6.2 cents per kilogram on drained weight, plus 8.8 percent ad valorem.

The applicable subheading for the seasoned green olives, when the total aggregate quantity imported into the United States in any calendar year has not exceeded 550 metric tons, will be 2005.70.9100, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesotherwise prepared or preservedgreen, in containers each holding less than 13 kg, drained weight. The rate of duty will be 5.5 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the seasoned green olives will be classified in subheading 2005.70.9300, HTS. The rate of duty will be 9.2 cents per kilogram on drained weight.

The applicable subheading for the seasoned black olives will be 2005.70.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidolivesotherwise prepared or preservedother. The rate of duty will be 9.2 cents per kilogram on drained weight.

The applicable subheading for the sweet and sour onions will be 2005.90.2000, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesonions. The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the vegetable salad will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acidother vegetables and mixtures of vegetablesother. The rate of duty will be 12.2 percent ad valorem.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2003.10.00 - Mushrooms, prepared or preserved otherwise than by vinegar or acetic acid
• Tariff No.: 2005.70.91 - Olives, green, container less 13 kg, quota of 550 m tons/year, prepared or preserved otherwise than by vinegar/acetic acid, not in saline
• Tariff No.: 2005.70.93 - Olives, green, container less than 13 kg, exceed 550 m tons/year, prepared or preserved otherwise than by vinegar/acetic acid, not in saline
• Tariff No.: 2005.70.97 - Olives, prepared or preserved otherwise than by vinegar, acetic acid or saline soln, not frozen, nesoi
• Tariff No.: 2005.90.20 - Onions, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
• Tariff No.: 2005.90.97 - Vegetables nesoi,& mixtures of vegetables,prepared or preserved otherwise than by vinegar or acetic acid, not frozen, not preserved by sugar