NY 863643: The tariff classification of prepared vegetables and aseafood salad, from Italy, Spain, and Morocco

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.

                          
                                   NY 863643

                                 July 19, 1991


CLA-2-16:S:N:N1:228

CATEGORY:  Classification

TARIFF NO.:  1605.90.6060; 2005.90.2000; 2005.90.8000;
2005.90.9500 

Mr. Salvatore Attina
Attina Ltd.
1123 Yonkers Avenue
Yonkers, NY  10704

RE:  The tariff classification of prepared vegetables and a
seafood salad, from Italy, Spain, and Morocco

Dear Mr. Attina:

     In your letter dated May 13, 1991, you requested a tariff
classification ruling.         

   Your letter describes four products; samples of two were
submitted.  One sample, Red Cocktail Onions, was forwarded to the
U.S. Customs laboratory for analysis.  The second sample, Seafood
Salad in Oil, was examined and disposed of.  The latter is a
mixture said to contain pieces of squid, octopus, cuttlefish, and
crayfish, in a liquid medium consisting of sunflower seed oil,
vinegar, salt, parsley, natural spices, and citric acid.  The
sample is packed in a glass jar containing 290 grams, net
weight.  The Red Cocktail Onions consists of small, red, whole
onions in a liquid medium of sunflower seed oil, vinegar, salt,
spices and ascorbic acid.  Analysis found the acetic acid content
to be .2 percent.  The sample was put up in a glass jar
containing 670 grams, net weight.  Whole Artichoke Hearts are
described as whole artichokes hearts in a brine solution, packed
in a three-kilogram tin.  Capers in Salt are described as 314-
milliliter glass jars, or one and five-kilogram plastic bags
containing 75 percent capers and 25 percent salt.     

   The applicable subheading for the Seafood Salad in Oil will be
1605.90.6060, Harmonized Tariff Schedule of the United States
(HTS), which provides for crustaceans, mollusks and other aquatic
invertebrates, prepared or preserved...other...other...other. 
This product will be free of duty.
   
   The applicable subheading for the Red Cocktail Onions will be
2005.90.2000, HTS, which provides for vegetables...prepared or
preserved otherwise than by vinegar or acetic acid, not frozen...
other vegetables...onions.  The rate of duty will be 7 percent ad
valorem.  

   The Whole Artichokes Hearts will be classified in subheading
2005.90.8000, HTS, which provides for vegetables, prepared or
preserved otherwise than by vinegar or acetic acid...other
vegetables...artichokes.  The rate of duty will be 17.5 percent
ad valorem.  

   The applicable subheading for Capers in Salt will be
2005.90.9500, HTS, which provides for vegetables, prepared or
preserved otherwise than by vinegar or acetic acid...other
vegetables...other.  The rate of duty will be 17.5 percent ad
valorem. 

   Articles classifiable under subheadings 2005.90.2000 and
2005.90.9500, HTS, which are the products of Morocco, are
entitled to duty free treatment under the Generalized System of
Preferences (GSP) upon compliance with all applicable
regulations. 
     
   This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport