The tariff classification of preserved vegetables from China.

NY M87849 January 26, 2007 CLA-2-20:RR:NC:2:228 M87849 CATEGORY: Classification TARIFF NO.: 2001.90.3800 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan Street Santa Ana, CA 92704 RE: The tariff classification of preserved vegetables from China. Dear Mr. Gat: In your letter dated October 19, 2006, you requested a tariff classification ruling. The samples submitted with your letter were forwarded to the Customs laboratory for analysis. Item no. FV-220089A, FV-220089B, and FV-220089C each contain red chili rings, green chili rings, and garlic, in a liquid medium. FV-220089B also contains yellow lentils. The products are put up in bottles measuring 12 inches tall. Item no. FV-220089A (“Eiffel Tower”) contains 200 milliliters, and item nos. FV-220089B and FV-220089C (“Rooster”, “Swirl”) contain 250 milliliters. Laboratory analysis found item nos. FV-220089A, FV-220089B, and FV-220089C contained 4.00, 3.25, and 3.69 percent acetic acid, respectively. The three bottles are packaged together in a single container for retail sale. The applicable subheading for item nos. FV-220089A, FV-220089B, and FV-220089C will be 2001.90.3800, 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...vegetables...other. The rate of duty will be 9.6 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 (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 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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