NY D88850 - The tariff classification of prepared or preserved vegetables from Greece. - United States International Trade Commision Rulings

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May 12, 1999

CLA-2-20:RR:NC:2:228 D88850

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700, 2005.90.5510, 2005.90.9700

Mr. Wayne A. Batwin
Gaea Foods U.S.A.
3 Bathesda Metro Center
Suite 700
Bathesda, MD 20814

RE: The tariff classification of prepared or preserved vegetables from Greece.

Dear Mr. Batwin:

In your letter dated February 17, 1999, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were forwarded to the U.S. Customs laboratory for analysis. Kalamata Olive Spread is a grayish black colored, soft homogenous spread said to contain 78.30 percent kalamata olives, 12.18 percent extra virgin olive oil, 4.87 percent red wine vinegar, 1.94 percent grape must, 1.95 percent sundried tomato flakes, and less than one percent garlic, herbs and seasoning. Sweet Pepper and Goat Cheese Spread is a red and orange colored, homogeneous spread consisting of 79.24 percent roasted red peppers, 8.10 percent extra virgin olive oil, 5.32 percent red wine vinegar, 3.18 percent Mizithra cheese, 2.26 percent spices and seasonings, and 1.90 percent sugar. Sundried Tomato Marinara contains small pieces of chopped vegetables in oil. It consists of 48.10 percent extra virgin olive oil, 23.77 percent sundried tomatoes, 14.58 percent green olives, 4.37 percent capers, 3.64 percent red wine vinegar, 2.19 percent garlic, 1.45 percent grape must, 1.31 percent lemon juice, and less than one percent spices and seasoning. Roasted Eggplant Spread is chopped roasted vegetables consisting of 68.41 percent smoked eggplant, 15.75 percent roasted red pepper, 7.77 percent extra virgin olive oil, 3.11 percent red wine vinegar, 2.33 percent sugar, 1.24 percent garlic, and 1.39 percent herbs and seasoning. Laboratory analysis found all spreads contained less than 0.5 percent acetic acid.

The applicable subheading for the Kalamata Olive Spread 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 9.2 cents per kilogram on drained weight.

The applicable subheading for the Sweet Pepper and Goat Cheese Spread will be 2005.90.5510, 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 vegetables and mixtures of vegetables...fruits of the genus capsicum (peppers)...other...sweet bell-type peppers. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for the Sundried Tomato Marinara and Roasted Eggplant Spread will be 2005.90.9700, 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 vegetables and mixtures of vegetables...other... other. The rate of duty will be 12.2 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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