The tariff classification of prepared vegetables from Italy

N030577 July 15, 2008 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2001.90.3800; 2005.99.9700 Mr. Joseph Hoffacker Barthco Trade Consultants 5101 S. Broad Street Philadelphia, PA 19112-1404 RE: The tariff classification of prepared vegetables from Italy Dear Mr. Hoffacker: In your letter dated June 5, 2008, on behalf of Paganini Foods LLC, Swedesboro, NJ, you requested a tariff classification ruling. Two samples, submitted with your letter, were forwarded to the U.S. Customs and Border Protection laboratory for analysis. Technical data sheets were provided with earlier correspondence. Capricciosa Mixed Vegetable Insalatina Salad, article no. 4322, is said to be composed of celeriac, carrots, and sweet peppers in a medium of wine vinegar, salt, citric acid, and sulphur dioxide. The sample was put up in a metal can containing 2600 grams, net weight. Laboratory analysis found the vegetables contained 0.59 percent acetic acid. Antipasto Alla Zingara Mixed Vegetable Salad, article no. 5636, contains sweet peppers, olives, capers, and mushrooms in a medium of sunflower oil, wine vinegar, sugar, salt, flavor, citric acid, monosodium glutamate, and sulphur dioxide. The vegetables, packed in a can holding 2650 grams, net weight, contained 0.21 percent acetic acid. The applicable subheading for the Capricciosa Mixed Vegetable Insalatina Salad 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. The applicable subheading for the Antipasto Alla Zingara Mixed Vegetable Salad will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid…other vegetables and mixtures of vegetables …other…other. The rate of duty will be 9.6 percent ad valorem. 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. 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