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NY C85320




March 25, 1998

CLA-2-20:RR:NC:2:228 C85320

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9100; 2005.70.9300; 2005.70.9700; 2106.90.9998

Mr. Carlos Gendron
105 Harbor Drive, Unit 112
Stamford, CT 06902

RE: The tariff classification of vegetable spreads and food products from France

Dear Mr. Gendron:

In your letter dated February 3, 1998, which was received by this office on March 11, 1998, you requested a tariff classification ruling.

Ingredients breakdowns and four samples were submitted with earlier correspondence. Two samples were forwarded to the U.S. Customs laboratory for analysis; the remaining two were examined and disposed of. Cruscana Green Tapenade (green olive paste) is a soft, light-green paste composed of 87.6 percent green olives, 4.4 percent capers, 2.2 percent each of mustard, olive oil and anchovies, one percent champagne, and less than one percent herbs and spices. Cruscana Black Tapenade (black olive paste) is a dark grey/black paste consisting of 88.3 percent black olives, 4.4 percent capers, 2.2 percent mustard, 1.7 percent each of olive oil and anchovies, 1.1 percent champagne, and less than one percent herbs and spices. Analysis of the green and black tapenade found the acetic acid content to be 0.17 percent, and 0.19 percent, respectively. Cruscana Aioli (garlic paste) is an off-white paste composed of 43 percent sunflower oil, 31.7 percent water, 12 percent garlic, 5.2 percent each of egg yolk and mustard, 2.1 percent vinegar, and less than one percent each of starch and salt. Cruscana Rouille is an orange-colored paste made from 39.8 percent sunflower oil, 33.2 percent water, 7.6 percent egg yolk, 6.7 percent tomato extract, 3.8 percent garlic, 2.4 percent each of mustard and vinegar, 1.4 percent each of starch and salt, and less than one percent each of paprika and spices. Each product is put up in a glass jar containing 100 grams, net weight, and used as a spread.

The applicable subheading for the green tapenade (green olive paste), when the total aggregate quantity imported in any calendar year is 550 metric tons or less, will be 2005.70.9100, 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...otherwise prepared or preserved...green, in containers each holding less than 13 kg, drained weight...in an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram on the drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTS, and the rate of duty will be 9.5 cents per kilogram on the drained weight.

The applicable subheading for the black tapenade (black olive paste) will be 2005.70.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...olives...otherwise prepared or preserved...other. The rate of duty will be 9.5 cents per kilogram on the drained weight.

The applicable subheading for the aioli and rouille will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 7.6 percent ad valorem.

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,

Robert B. Swierupski
Director,

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