I85126 I8 Ruling Active

The tariff classification of preserved fruits and vegetables from China

Issued December 17, 2002 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2001.90.3800, 2001.90.6000

Headings: 2001

Product description

S. Customs laboratory for analysis. All products consist of vegetables, mixtures of vegetables, or mixtures of vegetables and fruits, in a liquid medium composed of vinegar, citric acid, sodium benzoate, sodium sulfite, and potassium sorbate, packed in clear glass bottles of varying sizes and shapes, sealed with a cork and wax. Analysis found sample 65305 (red chili peppers) contained 5.4 percent acetic acid, sample 65306 (garlic, oranges, red chilies) contained 3.8 percent acetic acid, sample 65307 (oranges and red chilies) contained 4 percent acetic acid, sample 65308 (carrots), contained 3.9 percent acetic acid, and sample 65309 (garlic, red chilies, radish) contained 3.9 percent acetic acid.

CBP rationale

The applicable subheading for samples 65305, 65308, and 65309 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… other…vegetables…other. The applicable subheading for samples 65306 and 65307 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…other The rate of duty will be 14 percent ad valorem.

Full text

NY I85126 December 17, 2002 CLA-2-20:RR:NC:2:228 I85126 CATEGORY: Classification TARIFF NO.: 2001.90.3800; 2001.90.6000 Ms. Becky McKinley John A. Steer, Inc. Building #3, Suite 111 The Kroger Center Norfolk, VA 23502 RE: The tariff classification of preserved fruits and vegetables from China Dear Ms. McKinley: In your letters dated July 1, 2002 and August 6, 2002, on behalf of J.D. Yeats & Sons, Inc., Danville, VA, you requested a tariff classification ruling. Five samples, submitted with your letter, were forwarded to the U.S. Customs laboratory for analysis. All products consist of vegetables, mixtures of vegetables, or mixtures of vegetables and fruits, in a liquid medium composed of vinegar, citric acid, sodium benzoate, sodium sulfite, and potassium sorbate, packed in clear glass bottles of varying sizes and shapes, sealed with a cork and wax. Analysis found sample 65305 (red chili peppers) contained 5.4 percent acetic acid, sample 65306 (garlic, oranges, red chilies) contained 3.8 percent acetic acid, sample 65307 (oranges and red chilies) contained 4 percent acetic acid, sample 65308 (carrots), contained 3.9 percent acetic acid, and sample 65309 (garlic, red chilies, radish) contained 3.9 percent acetic acid. The applicable subheading for samples 65305, 65308, and 65309 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… other…vegetables…other. The rate of duty will be 9.6 percent ad valorem. The rate of duty will be unchanged in 2003. The applicable subheading for samples 65306 and 65307 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…other The rate of duty will be 14 percent ad valorem. The rate of duty will be unchanged in 2003. 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, National Commodity Specialist Division

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