CLA-2-20:S:N:N1:228

Mr. Salvatore Attina
Attina Ltd.
1123 Yonkers Avenue
Yonkers, NY 10704

RE: The tariff classification of prepared vegetables from Italy

Dear Mr. Attina:

In your letter dated April 9, 1991, you requested a tariff classification ruling.

Samples of five products accompanied your letter. All were forwarded to the U.S. Customs laboratory for analysis. The merchandise consists of whole or sliced vegetables or mixtures of vegetables in a clear, liquid medium composed of wine vinegar, salt, citric acid, and ascorbic acid. The vegetables are packed in glass jars containing from 310 to 3100 grams, net weight. Pickled Gherkins (Cetriolini) contains whole gherkins, approximately 2 inches in length. Pickled Cocktail Onions (Cipolline) contains whole white onions, approximately 3/4 inch in diameter. Pickled Peppers (Peperoni) consists of either whole green peppers or a mixture of sliced red and yellow peppers. Pickled Mixed Vegetables (Giardiniera) is a mixture of sliced carrots, cucumbers, turnips, fennel, cauliflower, peppers, whole onions, and whole or broken olives. Laboratory analysis found the acetic acid content of the samples ranges from 0.8 percent to 1.5 percent. The applicable subheading for the pickled gherkins will be 2001.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables...prepared or preserved by vinegar or acetic acid...cucumbers including gherkins. The rate of duty will be 12 percent ad valorem. The applicable subheading for the pickled onions will be 2001.20.0000, HTS, which provides for vegetables...prepared or preserved by vinegar or acetic acid...onions. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the pickled peppers and the pickled mixed vegetables will be 2001.90.3900, HTS, which provides for vegetables... prepared or preserved by vinegar or acetic acid...other...vegetables... other. The rate of duty will be 12 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport