CLA-2-228:RR:NC:2:228 L85970
Mr. Vincent Arguimbau
Kiwi Trading Company
P.O. Box 632
Greenwich, CT 06836-0632
RE: The tariff classification of olives from Greece, Turkey, Spain, Argentina, and Morocco.
Dear Mr. Arguimbau:
In your letters dated June 2, 2005 and June 20, 2005, you requested a tariff classification ruling.
The sample submitted with your first letter was examined and disposed of. The merchandise consists of whole green olives that are treated with a lye solution, fermented, and packed in brine in glass jars containing up to 88 ounces, net wt., and in plastic drums containing 150 kilograms.
The applicable subheading for the olives in drums, when certified to be used for repacking or for sale as green olives, and when the total aggregate quantity imported into the United States in any calendar year is 4400 metric tons or less, will be 2005.70.0600, 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…olives…in a saline solution…green in color…not pitted…other…in containers each holding more than 8 kg. drained weight, certified by the importer to be used for repacking or sale as green olives…described in additional U.S. note 4 to chapter 20 and entered pursuant to its provisions. The rate of duty will be 3.7 cents per kilogram on drained weight. If the quantitative limits of additional U.S. note 4 to chapter 20 have been reached, the product will be classified in subheading 2005.70.0800, HTS. The rate of duty will be 3.7 cents per kilogram on drained weight.
The applicable subheading for the olives imported in drums, when not certified to be used for repacking or for sale as green olives, and for the olives in glass jars, will be 2005.70.1200, 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…olives…in a saline solution…green in color…not pitted…other… other. The rate of duty will be 3.7 cents per kilogram on drained weight.
Articles classifiable under subheading 2005.70.0600 and 2005.70.1200, HTS, which are products of Turkey, Argentina, or Morocco, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 646-733-3029.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division