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NY J87444

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September 12, 2003

CLA-2-20:RR:NC:2:228 J87444

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2001.90.6000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of preserved vegetables and fruit from China.

Dear Mr. Gat:

In your letter dated June 26, 2003, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. The samples were forwarded to the U.S. Customs laboratory for analysis. Item no. FV-204306A Crankshaft Infused Vinegar is comprised of sliced red, orange, and green chili peppers in a liquid medium. Item no. FV-204306B Crankshaft Infused Vinegar contains layers of cranberries, orange chili peppers, and green olives in a liquid medium. Both products are put up in crankshaft-shaped glass bottles measuring 10-3/4 inches tall and 2-1/4 inches at the base. Laboratory analysis found item no. FV-204306A contained 5.05 percent acetic acid and item no. FV-204306B contained 6.45 percent acetic acid.

The applicable subheading for item no FV-204306A Crankshaft Infused Vinegar (sliced red, orange, and green chili peppers) will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...vegetables...other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for item no. FV-204306B Crankshaft Infused Vinegar (cranberry, whole orange chili, and green olives) 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 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,

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See also:

• Tariff No.: 2001.90.38 - Vegetables (including olives) nesoi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid