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NY E87207

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December 13, 1999

CLA-2-20:RR:NC:2:228 E87207

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9100, 2005.70.9300

Ms. Teresa Kloza
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Green Olive and Basil Tapenade from Italy.

Dear Ms. Kloza:

In your letter dated September 10, 1999, you requested a tariff classification ruling.

Unlabeled samples and copies of labels were submitted with your letter. A sample was forwarded to the U.S. Customs laboratory for analysis. “H.T. Traders” Green Olive & Basil Tapenade is a food preparation said to consist of finely chopped green pitted olives, capers, anchovies, basil, pine seeds, garlic, and salt in a liquid medium of sunflower oil, and wine vinegar. Laboratory analysis found no acetic acid. The tapenade is put up in glass jars containing 4.5 ounces, net weight.

The applicable subheading for the Green Olive & Basil Tapenade 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, other than products of heading 2006olivesotherwise prepared or preservedgreen, in containers each holding less than 13 kg. drained weightin 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 drained weight. In 2000, the rate of duty will be unchanged. If the quantity exceeds 550 metric tons in the calendar year the applicable subheading will be 2005.70.9300, HTS. The rate of duty will be 9.2 cents per kilogram on drained weight. Beginning January 1, 2000, the rate of duty will be 8.8 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2005.70.91 - Olives, green, container less 13 kg, quota of 550 m tons/year, prepared or preserved otherwise than by vinegar/acetic acid, not in saline
• Tariff No.: 2005.70.93 - Olives, green, container less than 13 kg, exceed 550 m tons/year, prepared or preserved otherwise than by vinegar/acetic acid, not in saline