CLA-2-16:RR:NC:FC:228 A86694
2001.90.3900, 2005.90.5510, 2005.90.9700
Mr. John Radell
la Rossa spa
811 Woodsdale Road
Wilmington, DE 19809
RE: The tariff classification of anchovies and prepared
vegetables from Italy.
Dear Mr. Radell:
In your undated letter received August 14, 1996, you
requested a tariff classification ruling.
Samples of five products were submitted with your letter.
Three samples were forwarded to the U.S. Customs laboratory for
analysis. The filets of anchovies have been soaked in salt
water, salted, and packed in vegetable oil in glass jars
containing from 80 to 2600 grams, net weight. The mixed
vegetables, sweet onions, and antipasto-mixed vegetables are
soaked in fresh water (the antipasto is also soaked in vinegar),
pasteurized, and packed in glass jars or cans of different sizes.
The mixed vegetables and sweet onions are packed in wine vinegar,
and the antipasto-mixed vegetables are packed in vegetable oil.
The roasted peppers are prepared by roasting the vegetable and
packing in vegetable oil in 400-gram cans. Laboratory analysis
found the samples of mixed vegetables and sweet onions contained
1 percent acetic acid, and the sample of antipasto-mixed
vegetables contained 0.48 percent acetic acid.
The applicable subheading for the anchovies, will be
1604.16.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for prepared or preserved fish...fish,
whole or in pieces, but not minced...anchovies...in oil, in
airtight containers...for an aggregate quantity entered in any
calendar year not to exceed 3,000 metric tons. The rate of duty
will be 1.8 percent ad valorem. If entered after the tariff rate
quota has been filled, the anchovies will be classified in
subheading 1604.16.3000, HTS. The rate of duty will be 3.6
percent ad valorem.
The applicable subheading for the sweet onions will be
2001.20.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for vegetables, prepared or preserved by
vinegar or acetic acid...onions. The rate of duty will be 6.5
percent ad valorem.
The applicable subheading for the mixed vegetables will be
2001.90.3900, Harmonized Tariff Schedule of the United States
(HTS), which provides for vegetables, prepared or preserved by
vinegar or acetic acid...other...other...vegetables...other. The
rate of duty will be 11.2 percent ad valorem.
The applicable subheading for the roasted peppers will be
2005.90.5510, 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 than
products of heading 2006...other vegetables and mixtures of
vegetables...other...sweet bell-type peppers. The rate of duty
will be 16.6 percent ad valorem.
The applicable subheading for the antipasto-mixed
vegetables 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 than products of heading 2006...other
vegetables and mixtures of vegetables...other...other. The rate
of duty will be 15.4 percent.
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