HQ 954564: Classification of Canned Sliced Water Chestnuts in Water

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954564

                          July 9, 1993

CLA-2 CO:R:F 954564 GFC

CATEGORY:  Classification

TARIFF NO.:  2005.90.4010

Mr. Frank Lin
New Era Trade International
322 Mall Blvd., Suite 200
Monroeville, Pennsylvania 15146

RE:  Classification of Canned Sliced Water Chestnuts in Water

Dear Mr. Lin:

     This is in response to your letter of July 2, 1993,
requesting the tariff classification of canned water chestnuts
from the People's Republic of China.  

     You also request information on marking requirements,
declarations and certifications needed for importing into the
United States.  In response to that part of your request, we are
enclosing our booklet "Importing into the United States" which
will provide you with additional information you request.

FACTS:

     A copy of the packing information states that the commodity
consists of water chestnuts, peeled and sliced, and canned in
water.

ISSUE:

     The tariff classification of canned, sliced water chestnuts
in water under the Harmonized Tariff Schedules of United States
(HTSUS).

LAW AND ANALYSIS:

     Canned water chestnuts, whole or sliced, are provided for
under item 2005.90.40 of the HTSUS as "[o]ther vegetables
prepared or preserved otherwise than by vinegar or acetic acid,
not frozen" and are free of duty under the Column 1 "General"
rates for products from countries receiving most-favored-nation
(MFN) rates.  The People's Republic of China is entitled to these
rates.
                              -2-


HOLDING:

     The water chestnuts as described are classifiable under the
provision for other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, not frozen in subheading
2005.90.40 of the HTSUS and are free of duty.

     Additional requirements may be imposed on this product by
the Food and Drug Administration (FDA).  You may contact the FDA
at the following:

                    Import Branch HFS-606
                    Food and Drug Administration
                    200 C Street, SW., Rm 5405
                    Washington, D.C. 20204

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division

Enclosure