CLA-2-20:RR:NC:FC:228 A80397
Mr. Carlo Vernuccio
R.L. Burden Produce Services, Inc.
P.O. Box 25313
Little Rock, AR 72221
RE: The tariff classification of prepared vegetables from Italy.
Dear Mr. Vernuccio:
In your letters dated February 1, 1996, March 5, 1996, and March 6, 1996, you requested a tariff classification ruling.
A sample, pictorial literature and a list of ingredients were submitted with your letters. The sample of the "Antipasto Capriccioso" was forwarded to the U.S. Customs laboratory for analysis. "Olive Nostrane In Salamoia" is described as whole green olives in water, salt, garlic, and lemon. The "Antipasto Capriccioso", consists of carrots, fennel, celery, turnips, peppers, onions, artichokes, olives, mint, mushrooms, cucumbers, oregano, salt, vinegar and extra virgin olive oil. Laboratory analysis found the acetic acid content to be 0.48 percent.
The applicable subheading for "Olive Nostrane In Salamoia", when imported in containers holding less than 13 kilograms, drained weight, and when the total quantity imported into the United States has not exceeded 550 metric tons in a calendar year, will be 2005.70.9100, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006... olives...otherwise prepared or preserved. The rate of duty will be 5.5 cents per kilogram on the drained weight. When the total quantity imported into the United States in a calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTS. The duty rate will be 10.3 cents per kilogram on the drained weight. When these olives are imported in containers holding 13 kilograms or more, drained weight, the applicable subheading will be 2005.70.9700, HTS, which provides for olives...otherwise prepared or preserved... other. The rate of duty will be 10.3 cents per kilogram on the drained weight.
The applicable subheading for the "Antipasto Capriccioso" will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...other vegetables and mixtures of vegetables... other. The rate of duty will be 15.4 percent ad valorem.
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 212-466-5760.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division