The tariff classification of vegetables and plant parts in vinegar, from China

N155820 April 12, 2011 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2001.90.3800; 2209.00.0000 Mr. Brian Pearce Barthco International One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of vegetables and plant parts in vinegar, from China Dear Mr. Pearce: In your letter dated March 22, 2011, on behalf of CVS Pharmacy, you requested a tariff classification ruling. Samples of four products were submitted with your letter. Three were forwarded to the U.S. Customs and Border Protection laboratory for analysis. Product no. 846969, presented in four “styles,” consists of vegetables and plant parts in glass bottles, filled with vinegar. The vegetable components of styles 1, 3, and 4 completely fill the bottle; the plant components of style 2 are suspended in the liquid. Style no. 1 consists of tightly-packed layers of green beans, sliced red peppers, and sliced yellow peppers. Style no. 3 contains tight layers of chopped carrots, green beans, and sliced red peppers, and style 4 has tightly packed layers of green beans, chopped carrots, sliced red peppers, and garlic cloves. The components of style no. 2, soybeans, rosemary, and one whole red chili pepper, are packed loosely in the bottle. Laboratory analysis determined the acetic acid content of style 1, 3 and 4 to be 4.67, 4.73, and 4.24 percent, respectively. All products are packed in glass jars measuring approximately 6-1/2 inches tall, with a round base measuring 1-1/2 inches in diameter or an or oval-shaped base measuring 2 inches at its widest point. The applicable subheading for Product no. 846969, styles 1, 3, and 4 will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables…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 Product no. 846969, style 2 will be 2209.00.0000, HTSUS, which provides for vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.5 cents per proof liter. 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