The tariff classification of preserved vegetables from China.

N013522 August 6, 2007 CLA-2-20:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2001.90.3800 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan St. Santa Ana, CA 92704 RE: The tariff classification of preserved vegetables from China. Dear Mr. Gat: In your letter dated June 14, 2007, you requested a tariff classification ruling. A sample and illustrative literature were submitted with your letter. The sample was forwarded to the U.S. Customs and Border Protection laboratory for analysis. Item no. FV-223685 is comprised of red chili logs, yellow chili logs, and garlic in a liquid medium. Laboratory analysis found the item contained 3.83 percent acetic acid. The vegetables are packed in layers, in a pyramid shaped, 750-ml glass bottle measuring approximately 8.8 inches tall. The applicable subheading for item no. FV-223685 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. 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