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NY L89953

February 28, 2006

CLA-2-20:RR:NC:N2:228 L89953


TARIFF NO.: 2005.90.9700, 2001.90.2000

Mr. Vincent Arguimbau
Arguimbau & Company
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of capers from Turkey, Morocco, and Spain.

Dear Mr. Arguimbau:

In your letter dated January 12, 2006 you requested a tariff classification ruling.

A sample and a description of the manufacturing process were submitted with your letter. The sample was forwarded to the US Customs and Border Protection laboratory for analysis. The product is described as capers in drums and in glass jars. After harvest, the capers are cleaned, cured in salt brine for several months, and sorted according to size. The capers packed in large drums, in heavy salt brine solution, are products of Turkey or Morocco. The capers in a solution containing vinegar and salt, put up in glass jars measuring 5 inches tall and 1-1/2 inches in diameter, are products of Spain. Laboratory analysis found these capers contained 0.63 percent acetic acid.

The applicable subheading for the capers put up in glass jars will be 2001.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...capers...other. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the capers in drums will be 2005.90.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid.other vegetablesother. The duty rate will be 11.2 percent ad valorem.

Articles classifiable under subheading 2005.90.9700, HTSUS, which are products of Turkey may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

Articles classifiable under subheading 2005.90.9700, HTSUS, which are products of Morocco may be entitled to duty free treatment under the United States-Morocco Free Trade Agreement Implementation Act upon compliance with all applicable regulations.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 (CFR Part 134). The submitted sample of capers in a glass jar 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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