CLA-2-20:OT:RR:NC:N2:228
Ms. Kathy Marshall
Samuel Shapiro & Company, Inc.
1215 East Fort Avenue – Suite 201
Baltimore, MD 21230
RE: The tariff classification of olives from Turkey
Dear Ms. Marshall:
In your letter dated November 23, 2015, you requested a tariff classification ruling on behalf of Ron-Son Foods Inc., NJ.
An ingredients breakdown, flow chart, product specification sheets, and product labels accompanied your inquiry. “Ronson” large pitted Kalamata style olives (product code: 5939RS), and “Ronson” Kalamata sliced olives (product code: 5931RS) are said to be “naturally fermented black olives,” preserved in a liquid solution, and packed in non-airtight plastic kegs. Both are composed of approximately 61 percent Kalamata olives, 36 percent water, 3 percent salt, and less than one percent each citric acid, vinegar (0.22 percent), and olive oil. The net drained weight of the pitted Kalamata style olives is 4 lbs. 6 oz., and the net drained weight of the sliced Kalamata olives is 67 oz. The olives are prepared by placing in brine for 90-180 days, washing, pitting, halving for Kalamata sliced olives, and filling with water, salt, vinegar and olive oil in kegs.
In your letter, you suggested the pitted Kalamata olives may fall in subheading 2005.70.7510, Harmonized Tariff Schedule of the United States (HTSUS), and the sliced Kalamata olives may fall in subheading 2005.70.7515, HTSUS. Both provisions provide for olives otherwise prepared or preserved in a saline solution. We disagree. Based on the manufacturing process, and the ingredients composition, they will be classified elsewhere.
The applicable subheading for both whole and sliced Kalamata olives will be 2005.70.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . olives . . . otherwise prepared or preserved . . . other. The general rate of duty will be 8.8 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 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