CLA-2-20:OT:RR:NC:N2:228

Ms. Jane Taeger
Samuel Shapiro & Company, Inc.
One Charles Center
100 N. Charles Street
Baltimore, MD 21201

RE: The tariff classification of olives from Morocco

Dear Ms. Taeger:

In your letter dated July 14, 2008, on behalf of Ron-Son Foods Inc., Swedesboro, NJ, you requested a tariff classification ruling. Information describing the processing operations accompanied your letter. A sample, submitted with earlier correspondence, was examined and disposed of. The product consists of sliced black olives in a solution of water, salt, and ferrous gluconate, packed in a sealed, metal foil pouch containing 33 ounces, net drained weight. The olives have been heat processed to achieve commercial sterility

The applicable subheading for the olives will be 2005.70.6050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…olives…in a saline solution…not green in color…canned…other…sliced. The rate of duty will be 10.1 cents per kilogram on drained weight.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 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