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NY A80521




June 11, 1996

CLA-2-20:RR:NC:FC:228 A80521

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3900, 2005.70.9700

Mr. Robert Nalley Jr.
R.L. Burden Produce Services, Inc.
P.O. Box 25313
Little Rock, AR 72221

RE: The tariff classification of prepared vegetables from Italy.

Dear Mr. Nalley:

In your letters dated February 1, 1996, March 5, 1995, and March 6, 1996 you requested a tariff classification ruling.

Samples, a color brochure, and lists of ingredients were submitted with your letters. The samples were forwarded to the U.S. Customs laboratory for analysis. "Olive di Nonno Jolanda", Grandma Jolanda's Olives, are Sicilian pitted olives, in a liquid medium consisting of extra virgin olive oil, vinegar, garlic, wild fennel, and mint. "Olive Della Nonna", Grandma's olives, are pitted olives with peppers celery, oregano, parsley, and mint in extra virgin olive oil and vinegar. "Olive Del Nonno", Grandpa's Olives, are pitted, stuffed, whole and halved olives, with celery, capers, oregano, parsley, mint and salt in extra virgin olive oil and vinegar. The laboratory found the acetic acid content of these samples to range from 0.55 to 0.87 percent. "Olive Del Nonno Nere", Grandpa's Black Olives, are black olives stuffed with celery, capers, and peppers, with parsley, salt, mint, and oregano in extra virgin olive oil and vinegar. The acetic acid content for Grandpa's Black Olives was found to be 0.26 percent. The prepared vegetables will be put up in glass jars of various shapes and sizes.

The applicable subheading for the "Olive di Nonno Jolanda", "Olive Della Nonna", "Olive Del Nonno" will be 2001.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for Vegetables, prepared or preserved by vinegar or acetic acid...other...other...vegetables...other. The rate of duty will be 11.2 percent ad valorem.

The applicable subheading for the "Olive Del Nonno Nere" will be 2005.70.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...olives... otherwise prepared or preserved...other. The rate of duty will be 10.3 cents per kilogram on drained weight.

Your inquiry does not provide enough information for us to give a classification ruling on the "Olive di Nonno Giovanni". Your request for a classification ruling should include a sample.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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