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NY A82601




May 21, 1996

CLA-2-20:RR:NC:FC:228 A82601

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700

Mr. Mark Schlegel
Gourmet America
350 Lincoln Street
Hingham, MA 02043-1507

RE: The tariff classification of kalamata olives from Greece

Dear Mr. Schlegel:

In your letters dated March 13, 1996 and April 18, 1996 you requested a tariff classification ruling.

Samples, submitted with your April letter, were forwarded to the U.S. Customs laboratory for analysis. The products are whole, black olives, packed a liquid medium, in glass jars containing 7.5 ounces, and in a vacuum-packed plastic bag containing 10 pounds, net weight. The liquid medium in which the olives are packed in said to consist of water, salt, wine vinegar, and, in the case of the glass jar, grape must. Laboratory analysis found the acetic acid content of the olives to be .32 percent, for those in the glass jars, .2, percent for those in the plastic bag.

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 rate of duty will be 10.3 cents per kilogram on drained weight.

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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