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NY 866110


Aug 23, 1991

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1500; 2005.70.2540; 2005.70.2560

Ms. Diann F. Chemam
Sieco USA
P.O. Box 55485
HOuston, TX 77255-5485

RE: The tariff classification of olives from Morocco

Dear Ms. Chemam:

In your letter dated June 20, 1991, which was received on August 14, 1991, you requested a tariff classification ruling.

The products are described as green olives, in brine, packed in cans of varying size. Whole green olives are packed in cans holding 6 pounds, 9 ounces. Whole pitted green olives and sliced green olives are put up in
#A10 cans.

The applicable subheading for the whole green olives will be 2005.70.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...olives...in a saline solution...green in color...not pitted...other...other. The duty rate will be 7.4 cents per kilogram on the drained weight.

The applicable subheading for the whole pitted green olives will be 2005.70.2540, HTS, which provides for other vegetables prepared or preserved...olives...in a saline solution...green in color...pitted or stuffed...other...in containers each holding 8 kg or less, drained weight...whole pitted. The rate of duty will be 10.8 cents per kilogram on the drained weight.

The applicable subheading for the sliced green olives will be 2005.70.2560, HTS, which provides for other vegetables prepared or preserved...olives...in a saline solution...green in color...pitted or stuffed...other...in containers holding 8 kg or less, drained weight...other, including broken, sliced, or salad style. The rate of duty will be 10.8 cents per kilogram on the drained weight.

Your inquiry does not provide enough information for us to give a classification ruling on the sardines, anchovies, and black olives. Your request for a classification ruling on the sardines should include a sample of the product, and a statement as to whether these sardines have been smoked, skinned, or boned. For the anchovies, provide the scientific name (genus and species) of the fish, and a sample of any size tin of anchovies with olive oil and capers. For all varieties of black olives, provide a full description of the processing the olives may have undergone, including all operations involved in canning.

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

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