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NY C86660


June 25, 1998

CLA-2-20:RR:NC:2:228 C86660

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9100; 2005.70.9300; 2005.70.9700; 2005.90.8000; 2103.20.4020; 2103.90.9060

Ms. Ann Adell

Liberty Richter Inc.

400 Lyster Avenue

Saddle Brook, NJ 07663-5910

RE: The tariff classification of prepared vegetables and sauce from Italy

Dear Ms. Adell:

In your letters dated April 9, 1998 you requested a tariff classification ruling.

Five samples and five product labels were submitted. The samples were sent to the U.S. Customs laboratory for analysis. Crespi brand Green Olive Paste is a soft, oily, green paste, said to consist of green olives, olive oil, anchovies, capers, lemon juice, wine vinegar, salt, sugar, red chili, garlic, and herbs. Black Olive Paste is a purple-colored, soft, oily paste made from black olives, olive oil, lemon juice, wine vinegar, salt, sugar, and herbs. The olive pastes are used as spreads or served with eggs, meat, fish, cheese or vegetables. Artichoke Sauce is a soft, gray/green paste made from artichoke hearts, olive oil, wine vinegar, lemon juice, salt, and herbs. Suggested uses for this product are as a stuffing for tomatoes or hard-boiled eggs, a spread, or serving with meat, shellfish, or vegetables. Sun-

Dried Tomato Sauce is a soft red paste consisting of sun-dried tomatoes, black olives, olive oil, capers, wine vinegar, garlic, salt, red peppers, and herbs. It is used to add flavor to fish, meat or vegetables. Genoa Pesto is a dark green, oily product composed of basil leaves, olive oil, Parmesan and Pecorino cheese, pine seeds, garlic and salt. Pesto is used as a dressing for pasta, potatoes, fish or meat. Laboratory analysis found the acetic acid content was .19 percent for the green olive paste, .26 percent for the black olive paste, and .1 percent for the artichoke paste. Each product is packed for retail sale in a glass jar containing 80 or 90 grams, net weight.

The applicable subheading for the green olive paste will be 2005.70, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...olives. When the total aggregate quantity imported into the United States in any calendar year is 550 metric tons or less, the green olive paste will be classified in subheading 2005.70.9100, HTS. The rate of duty will be 5.5 cents per kilogram on the drained weight. When the total aggregate quantity imported into the United States in any calendar year exceeds 550 metric tons, the green olive paste will be classified in subheading 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 olive paste will be 2005.70.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...olives... other. The rate of duty will be 9.5 cents per kilogram on the drained weight.

The applicable subheading for the artichoke sauce will be 2005.90.8000, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...other vegetables...artichokes. The rate of duty will be 15.8 percent ad valorem.

The applicable subheading for the sun-dried tomato sauce will be 2103.20.4020, HTS, which provides for sauces and preparations therefor...tomato ketchup and other tomato sauces...other...in containers holding less than 1.4 kg. The rate of duty will be 12.3 percent ad valorem.

The applicable subheading for the Genoa pesto will be 2103.90.9060, HTS, which provides for sauces and preparations therefor...other...other...other. The rate of duty will be 6.8 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,


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