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NY G81335




September 13, 2000

CLA-2-15:RR:NC:SP:232 G81335

CATEGORY: CLASSIFICATION

TARIFF NO.: 1509.10.2000; 2209.00.0000

Mr. Stephen DeCastro
All-Ways Forwarding International Inc.
701 Newark Avenue
Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of olive oil and vinegar from Italy and France

Dear Mr. DeCastro:

In your letter dated August 31, 2000, on behalf of World Finer Foods Inc., you requested a classification ruling.

Samples were submitted with your request. The subject merchandise includes the following products: “San Vito” Organic Extra Virgin Olive Oil, “Sei Colli” Organic Extra Virgin Olive Oil, Organic Balsamic Vinegar and Organic Cider Vinegar. The olive oils are produced by cold grinding organic olives and extracting the oil through a centrifugal system. They are packaged in 750 milliliter glass bottles. The Balsamic Vinegar is produced from grape must, wine vinegar and caramelized sugar. It has an acetic acid content of 6 percent and will be packaged in 500 milliliter glass bottles. The Cider Vinegar is produced from apples and has an acetic acid content of 5 percent. It will be packaged in 500 milliliter glass bottles. All of the items are products of Italy, except the Cider Vinegar which is produced in France.

The applicable subheading for the “San Vito” and “Sei Colli” Organic Extra Virgin Olive Oils will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The duty rate will be 5 cents per kilogram on contents and container.

The applicable subheading for the Organic Balsamic Vinegar and the Organic Cider Vinegar will be 2209.00.0000, HTS, which provides for Vinegar and substitutes for vinegar obtained from acetic acid. The duty rate will be 0.5 cents per proof liter.

. 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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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