CLA-2-20:OT:RR:NC:N2:228
Ms. Karen Sosa-Veerasami
Panos Brands
395 West Passaic Street
Rochelle Park, NJ 07662
RE: The tariff classification of prepared vegetable products from Italy.
Dear Ms. Sosa-Veerasami:
In your letter dated February 10, 2017, you requested a tariff classification ruling.
Ingredients breakdowns, and a manufacturer’s flowchart accompanied your letter. Samples were provided with your March 1, 2017 correspondence. The samples of the four products were sent to our laboratory for analysis. That analysis is now completed. We regret the delay. The merchandise under consideration is sundried tomatoes with Mediterranean herbs, grilled onions with aromatic herbs, red and yellow grilled peppers seasoned with a veil of olive oil and aromatic herbs, and artichoke hearts with aromatic herbs. The sundried tomatoes product contains approximately 94 percent sundried tomatoes with salt, 5 percent olive oil, and trace amounts of wine vinegar, dehydrated marjoram, dehydrated basil, pepper and tocopherol-rich extract. The grilled onion product contains approximately 94 percent grilled onions (onions, wine vinegar, sugar, salt, ascorbic acid, sulphur dioxide, citric acid, lactic acid), 2 percent each corn oil, and natural flavors, 2 percent wine vinegar condiment (wine vinegar, grape juice, grape must, Sulphur dioxide, and glucono delta lactone). The red and yellow grilled peppers product contains approximately 96 percent grilled pepper preparation (peppers, sugar, salt, garlic, citric acid), 3 percent olive oil, and trace amounts of wine vinegar, dehydrated garlic, dehydrated parsley, and tocopherol-rich extract. The artichoke hearts with aromatic herbs contain approximately 93 percent artichoke hearts, 6 percent olive oil, and trace amounts of wine vinegar, salt, dehydrated garlic, pepper dehydrated parsley, dehydrated basil, and tocopherol-rich extract. Based on the lab testing, all of the sample products contained less than 0.5 percent vinegar or acetic acid. The products will be imported for retail sale in sealed pouches 125 grams each, net weight.
The applicable subheading for the sundried tomatoes with Mediterranean herbs will be 2002.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tomatoes prepared or preserved otherwise than by vinegar or acetic acid . . . tomatoes, whole or in pieces . . . in containers holding less than 1.4 kg. The rate of duty will be 12.5 percent ad valorem.
The applicable subheading for the grilled onions with aromatic herbs will be 2005.99.2000, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . other vegetables and mixtures of vegetables . . . other . . . onions. The rate of duty will be 4.5 percent ad valorem.
The applicable subheading for the red and yellow grilled peppers will be 2005.99.5020, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . other vegetables and mixtures of vegetables . . . other . . . fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice) . . . Pimientos (Capsicum anuum) . . . in containers each holding not more than 227g. The rate of duty will be 8.1 percent ad valorem.
The applicable subheading for the artichoke hearts with aromatic herbs will be 2005.99.8000, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . other vegetables and mixtures of vegetables . . . other . . . artichokes. The rate of duty will be 14.9 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 the World Wide Web at https://hts.usitc.gov/current.
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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division