CLA-2-20:OT:RR:NC:N5:228
Scott Hoffman
Trans American Customs Brokers
52 Sonwil Drive Buffalo, NY 14025
RE: The tariff classification of olives from Greece
Dear Mr. Hoffman:
In your letter dated September 25, 2023, you requested a tariff classification ruling on behalf of your client, Roland Foods, LLC.
An ingredients breakdown, manufacturing flowcharts, product specification sheets, and samples of five products accompanied your inquiry. The samples and documentation received with your request were forwarded to the Custom and Border Protection Laboratory for review. That review is now complete. We apologize for the delay in the issuance of this ruling.
The first product, “71778 Roland® Pit. Kalamata Olives,” is said to contain approximately 61 percent Kalamata pitted olives, 33 percent water, 3 percent sea salt, 2.5 percent vinegar and 0.3 percent extra virgin olive oil. Laboratory analysis found this sample contained 0.23 percent acetic acid on an as-is basis.
The second product,”71754 Roland® Kalamata Olive Wedges,” is said to contain approximately 81 percent Kalamata olives, 17 percent water, 1.5 percent salt, and 0.1 percent acetic acid (acidity regulator). Laboratory analysis found this sample contained 0.16 percent acetic acid on an as-is basis.
The third product, “71736 Roland® Sliced Kalamata Olives,” is said to contain approximately 61 percent Kalamata pitted olives, 32 percent water, 7 percent sea salt, 0.2 percent vinegar, and 0.1 percent extra virgin olive oil. Laboratory analysis found this sample contained 0.16 percent acetic acid on an as-is basis.
The fourth product, “71734 Roland® Kalamata Halves "barchetta," is said to contain approximately 61 percent Kalamata olives, 33 percent water, 3 percent salt, 2.5 percent vinegar, and 0.3 percent extra virgin olive oil. Laboratory analysis found this sample contained 0.29 percent acetic acid on an as-is basis.
The fifth product, “71716 Roland® Pitted Baby Kalamata Olives,” is said to contain approximately 61 percent Kalamata pitted olives, 32 percent water, 7 percent sea salt, 0.2 percent acetic acid, and 0.1 percent extra virgin olive oil and sunflower oil. Laboratory analysis found this sample contained 0.23 percent acetic acid on an as-is basis.
The olives are dark purple in color and are said to be prepared by placement into tanks, adding brine and solid salt, followed by fermentation, sorting by size, pitting and packaging into containers and bags of 2 kilograms to 5 pounds, depending on the variety. The olives will be imported for use as an ingredient in various recipes served at food service establishments.
The applicable subheading for the Kalamata olives will be 2005.70.9700, 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...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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division