CLA-2-20:RR:NC:2:228 I82278

Ms. Jennifer Archer
James G. Wiley Co.
P.O. Box 90008
Los Angeles, CA

RE: The tariff classification of prepared vegetables from China.

Dear Ms. Archer:

In your letter dated May 21, 2002, on behalf of Heritage Mint, Scottsdale, AZ, you requested a tariff classification ruling.

A sample and pictorial literature were submitted with your letter. The sample was forwarded to the United States Customs Laboratory for analysis. Item no. FV9988 Infused Vinegar contains corn kernels, sliced carrots, sliced green peppers, garlic cloves, sliced red peppers and whole green beans layered from bottom to top. The vegetables are in a liquid medium containing vinegar and put up in a glass jar measuring 13 inches tall. Laboratory analysis found the sample contained 4.78 percent acetic acid.

The applicable subheading for item no. FV9988 Infused Vinegar will be 2001.90.3800, HTS, which provides for vegetables, fruit, nuts, and other edible parts of plants, prepared or preserved by vinegar or acetic acid…other…other…vegetables…other. The rate of duty will be 9.6 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division