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NY 805713




January 24, 1995

CLA-2-20:S:N:N7:228 805713

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.2520

Ms. Rosalyn Mckenna
A.J. Arango, Inc.
P.O. Box 75062
Tampa, FL 33675-5062

RE: The tariff classification of stuffed olives from Spain

Dear Ms. Mckenna:

In your letter dated October 21, 1994 you requested a tariff classification ruling.

A sample was submitted with your letter. Additional information regarding the processing and packaging was received by this office on January 9, 1995. The sample was examined and disposed of. The merchandise consists of whole green olives, stuffed with strips of jalapeno peppers, imported in a salt brine in drums containing 154 kilograms. The olives are products of Spain, where they were pitted and then shipped to Honduras, in plastic drums filled with a salt brine. In Honduras, the olives are stuffed with jalapeno peppers of Honduran origin, returned to the original plastic drums, and topped with salt brine.

The applicable subheading for the stuffed olives will be 2005.70.2520, 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...olives... in a saline solution...green in color...pitted or stuffed... other...in containers each holding more than 8 kg, drained weight...whole stuffed. The rate of duty will be 10.4 cents per kilogram on the drained weight.

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

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