CLA-2-20:OT:RR:NC:N2:228
Ms. Sylvia Perez
Borges USA, Inc.
2680 W. Shaw Lane
Fresno, CA 93711
RE: The tariff classification of prepared vegetables from Spain
Dear Ms. Perez:
In your letter dated May 5, 2015, you requested a tariff classification.
Flow charts with ingredients breakdowns and images of the products were submitted with your letter. Marinated Olives Flavor Italian Garlic and Basil consists of approximately 49 percent water, 46 percent cured, fermented, pitted green olives, 4 percent salt, and less than 1 percent each garlic flakes, citric acid, lactic acid, basil, Provençal herbs, and ascorbic acid. Marinated Olives Flavor Spanish Tomato & Pepper is composed of approximately 49 percent water, 38 percent cured, fermented, pitted green olives, 4 percent salt, 2 percent carrots, 2 percent gherkins, 2 percent red pepper, 1 percent chili pepper, and less than 1 percent each garlic, tomatoes, paprika, vinegar (0.13%), and ascorbic acid. Both products are packaged in glass jars weighing 7 oz., drain weight.
The applicable subheading for Marinated Olives Flavor Italian Garlic and Basil, when the total aggregate quantity imported into the United States in any calendar year is 550 metric tons or less, will be 2005.70.9100, 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 … otherwise prepared or preserved … green, in containers each holding less than 13 kg, drained weight … in an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTSUS, and the rate of duty will be 8.8 cents per kilogram on drained weight.
The applicable subheading for Marinated Olives Flavor Spanish Tomato & Pepper will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen … other vegetables and mixtures of vegetables … other … other. The duty rate will be 11.2 percent ad valorem.
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 the 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 ww.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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division