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NY 887758




July 23, 1993

CLA-2-15:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1509.10.2000; 1509.90.2000

Ms. Jeanne D. Urquiza
Nicola International, Inc.
3368 San Fernando Road Suite 109
Los Angeles, CA 90065

RE: The tariff classification of olive oil from Greece

Dear Ms. Urquiza:

In your letter dated June 30, 1993 you requested a tariff classification ruling.

Two varieties of olive oil are described in your letter. Extra Virgin Olive Oil is the first cold press of the olives, not mixed with other oils or flavored with other ingredients. The product described as Pure Olive Oil is obtained by mixing refined and virgin olive oil. Both products will be packed in will be packed one-gallon metal tins, glass jars containing 1/2, 3/4, and one liter, and in food grade plastic bottles containing 1/2, 3/4 and one liter.

The applicable subheading for the Extra Virgin Olive Oil will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for olive oil and its fractions, whether or not refined, but not chemically modified...virgin...weighing with the immediate container under 18 kg. The duty rate will be 5 cents per kilogram on the contents and container.

The applicable subheading for the Pure Olive Oil will be 1509.90.2000, HTS, which provides for olive oil and its fractions... other...weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on the contents and container.

Your inquiry does not provide enough information for us to give a classification ruling on the Pomace Olive Oil, and the different types of olives. Your request for a classification ruling on the pomace oil should include a more detailed description as to how the oil is produced. Is the oil obtained by means of solvent extraction from olive residues? For the olives, provide samples of the olives, in the solution in which they will be imported.

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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