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NY H81114




June 18, 2001

CLA-2-20:RR:NC:2:228 H81114

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1200, 2005.70.1600, 2005.70.1800, 6912.00.4810

Mr. Nick Raagas
Shonfeld’s (USA), Inc.
57 Romanelli Ave.
South Hackensack, NJ 07606

RE: The tariff classification of an olives and ceramic dish set from China.

Dear Mr. Raagas:

In your letter dated May 11, 2001, you requested a tariff classification ruling.

A sample and pictorial literature were submitted with your letter. Item no. OL-201825 Olive Dish Set is comprised of three jars of olives placed in a ceramic dish. The Green Olives consist of whole green olives in brine (water, salt lactic acid, citric acid, and potassium sorbate). The Pimento Olives contain whole pitted green olives stuffed with pimento paste, place packed in the jar, and covered with brine. The canoe-shaped ceramic dish measures 12-1/4 x 2-3/4 x 1-7/8. The item is assembled in China from olives that are products of Greece and a ceramic dish from China.

The applicable subheading for the Green Olives will be 2005.70.1200, 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 2006olivesin a saline solutiongreen in colornot pittedotherother. The rate of duty will be 3.7 cents per kilogram on drained weight.

The applicable subheading for the Pimento Olives, 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 (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesin saline solution green in colorpitted or stuffedplace packedstuffed, in containers each holding not more 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 ceramic dish will be 6912.00.4810, HTS, which provides for ceramic tableware, other household articles and toilet articles, other than of porcelain or chinatableware and kitchenwareotherotherothersuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the black olives. Your request for a classification ruling should include a description of the manufacturing process. Specifically, are the black olives subject to heat treatment?

The sample of black olives will be retained for thirty (30) days, pending receipt of the additional information noted above.

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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