CLA-2-20:S:N:N7:228
Ms. Jeanne D. Urquiza
Nicola International, Inc.
3368 San Fernando Road, Unit 109
Los Angeles, CA 90065
RE: The tariff classification of olives from Greece
Dear Ms. Urquiza:
In your letters dated October 12, 1992, June 30, 1993, and
August 4, 1993 (the last of which was received on October 4, 1993),
you requested a tariff classification ruling.
Seven products are described in your letter. A sample of each product
was submitted with your August letter, as well as a sample of the type of
container in which some of them will be imported. The samples were
forwarded to the U.S. Customs laboratory for analysis. The products are
green, Kalamata, and black olives, all "naturally fermented," preserved in
a liquid solution, and packed in non-airtight plastic drums or metal tins.
Information provided with your June, 1993 letter indicated the
preservative liquid solution was "brine and vinegar." However, the sample
of the 13-kilogram metal container in which certain olives are imported
states the vegetable is preserved in a solution of water, salt, vinegar,
and olive oil. Laboratory analysis found the acetic acid content of the
samples to range from .1 percent to .29 percent. All varieties are ready
for consumption in their imported condition.
The applicable subheading for the green olives (i.e., green plain,
green stuffed, green pitted, green with lemon and pepper), when imported in
containers holding less than 13 kilograms, drained weight, and when the
total quantity imported into the United States has not exceeded 550 metric
tons in a calendar year, will be 2005.70.8100, HTS, which provides for
olives...otherwise prepared or preserved. The rate of duty will be 5.5
cents per kilogram on the drained weight. When these olives are imported
in containers holding 13 kilograms or more, drained weight, or when the
total quantity imported into the United States in a calendar year exceeds
550 metric tons, the applicable subheading will be 2005.70.8300, HTS, which
provides for olives...otherwise prepared or preserved...other. The duty
rate will be 11 cents per kilogram on the drained weight.
The applicable subheading for the Kalamata olives, Kalamata pitted
olives, and Greek black olives will be 2005.70.8300, HTS, which provides
for olives...otherwise prepared or preserved...other. The rate of duty
will be 11 cents per kilogram.
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