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NY F83554




June 16, 2000

CLA-2-20:RR:NC:2:228 F83554

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1600, 2005.70.1800, 2005.70.9700, 7326.20.0050

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 East 2nd Street
Long Beach, CA 90803

RE: The tariff classification of olives from Greece and a metal wire holder from China.

Dear Mr. Harper:

In your letter dated February 16, 2000 you requested a tariff classification ruling.

A sample, ingredients breakdowns, and illustrative literature accompanied your letter. Item no. OL-200490, is comprised of four items – two jars of olives, an olive fork, and a metal wire holder with a copper colored spring-wrapped handle. One jar of olives, Natural Black Olives with Rosemary, was forwarded to the U.S. Customs laboratory for analysis. The remainder of the sample was examined and disposed of. The Premium Greek Olives Stuffed with Minced Pimento consists of place packed, green olives stuffed with pimento in a liquid medium of water, salt, lactic acid, citric acid, and potassium sorbate. The Natural Black Olives with Rosemary consists of whole, maroon-colored olives, with rosemary, in a liquid medium of water, salt, lactic acid, potassium sorbate, vinegar, and canola oil. Laboratory analysis found the sample to contain less than 0.1 percent acetic acid. The olives are put up in glass jars measuring approximately 4-3/4 tall and 3-1/4 inches square.

The components of item no. OL-200490, will be classified separately.

The applicable subheading for the Premium Greek Olives Stuffed with Minced Pimento, when the total aggregate quantity imported into the United States in any calendar year is 2700 metric tons or less, will be 2005.70.1600, Harmonized Tariff Schedule of the United States, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesin saline solutiongreen in colorpitted or stuffedplace packedstuffed, in containers each holding less than 1 kg, drained weightin an aggregate quantity not to exceed 2700 metric tons in any calendar year. The rate of duty will be 5.4 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 2700 metric tons, the applicable subheading will be 2005.70.1800, HTS, and the rate of duty will be 6.9 cents per kilogram on drained weight.

The applicable subheading for the Natural Black Olives with Rosemary, will be 2005.70.9700 HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesotherwise prepared or preservedother. The rate of duty will be 8.8 cents per kilogram on drained weight.

The applicable subheading for the metal wire holder with handle will be 7326.20.0050, HTS, which provides for other articles of iron or steelarticles of iron or steel wire. The rate of duty will be 3.9 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the olive fork. Your request for a classification ruling should include a description of the materials the fork is composed of.

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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