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NY F85815

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June 26, 2000

CLA-2-20:RR:NC:2:228 F85815

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700, 2005.90.5510, 2005.90.9700

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

RE: The tariff classification of vegetable spreads and a wooden knife from Greece.

Dear Ms. Kloza:

In your letter dated April 7, 2000, you requested a tariff classification ruling.

The samples submitted with your letter were forwarded to the U.S. Customs laboratory for analysis. The Country Spread Collection Gift Set contains three different spreads packed in glass jars, and a wooden knife measuring approximately 7 inches, put up in a gift box measuring approximately 10 inches by 5-1/2 inches. The Kalamata Olive Spread is composed of Kalamata olives, sundried tomato flakes, black olives, green olives, extra virgin olive oil, red wine vinegar, grape must, garlic, basil, and oregano. The Sweet Pepper and Goat Cheese Spread is composed of roasted red peppers, extra virgin olive oil, red wine vinegar, Mizithra cheese, sugar, salt, and chili. The Smoked Eggplant Spread contains smoked eggplant, red pepper, extra virgin olive oil, red wine vinegar sugar, garlic, parsley, and salt. Laboratory analysis found the samples 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 other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolives otherwise prepared or preserved other. The rate of duty will be 8.8 cents per kilogram on drained weight.

The applicable subheading for the Sweet Pepper and Goat Cheese Spread will be 2005.90.5510 HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)othersweet bell-type peppers. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the Smoked Eggplant Spread will be 2005.90.9700 HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006other. The rate of duty will be 11.2 percent ad valorem.

The applicable subheading for the wooden knife will be 4419.00.8000, HTS, which provides for tableware and kitchenware, of woodother. The rate of duty will be 3.2 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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See also:

• Tariff No.: 2005.70.97 - Olives, prepared or preserved otherwise than by vinegar, acetic acid or saline soln, not frozen, nesoi
• Tariff No.: 2005.90.55 - Fruits of the genus Capsicum or Pimenta, not pimientos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
• Tariff No.: 2005.90.97 - Vegetables nesoi,& mixtures of vegetables,prepared or preserved otherwise than by vinegar or acetic acid, not frozen, not preserved by sugar
• Tariff No.: 4419.00.80 - Wooden tableware and kitchenware, other than forks and spoons