CLA-2-16:RR:NC:2:228 B80330
2003.10.0043, 2005.90.9700
Mr. John R. Radell
la Rossa spa
811 Woodsdale Road
Wilmington, DE 19809
RE: The tariff classification of prepared vegetables from Italy.
Dear Mr. Radell:
In your letter dated December 9, 1997, you requested a
tariff classification ruling.
Samples of five products were submitted with your letter.
Three of the samples were forwarded to the U.S. Customs
laboratory for analysis. Anchovies in Hot Peppers, and Rolled
Anchovies with Capers consist of anchovies and either peppers or
capers which have been soaked in salt water, salted, and packed
in vegetable oil. The Half Artichokes and Wild Mushrooms consist
of half artichokes or whole mushrooms that have been soaked in
fresh water, vinegar, pasteurized, and packed in vegetable oil.
Gustoriso is a mixture of vegetables, that have been soaked in
fresh water, pasteurized, and packed in wine vinegar. The
laboratory found the acetic acid content of the Half Artichokes
to be 0.9 percent, the Wild Mushrooms, 0.1 percent, and the
Gustoriso, 0.4 percent. The Rolled Anchovies are packed in glass
jars containing between 80 and 2,600 grams. The vegetables and
the Anchovies in Hot Peppers are packed in glass jars containing
between 300 and 3,000 grams.
The applicable subheading for the Anchovies in Hot Peppers
and Rolled 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 1.2 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 2.4 percent ad valorem.
The applicable subheading for the Half Artichokes will be
2001.90.2500, Harmonized Tariff Schedule of the United States
(HTS), which provides for vegetables, prepared or preserved by
vinegar or acetic acid...other..other...vegetables...artichokes.
The rate of duty will be 11.1 percent ad valorem.
The applicable subheading for the Wild Mushrooms will be
2003.10.0043 Harmonized Tariff Schedule of the United States
(HTS), which provides for mushrooms, prepared or preserved
otherwise than by vinegar or acetic acid...mushrooms...
other...in containers each holding more than 255g...whole
(including buttons). The rate of duty will be 6.6 cents per
kilogram on drained weight plus 9.2 percent ad valorem.
The applicable subheading for the Gustoriso 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 14.4
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,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division