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NY I80333




April 26, 2002

CLA-2-15:RR:NC:SP:232 I80333

CATEGORY: CLASSIFICATION

TARIFF NO.: 1509.10.2000; 2103.90.8000

Mr. J. Gabriel Gavilanes
New Hope Import & Export
906 Lotus Ave.
Oradell, NJ 07649

RE: The tariff classification of Olive Oil from Spain

Dear Mr. Gavilanes:

In your letter received April 3, 2002, you requested a tariff classification ruling.

You submitted descriptive literature and product label photographs with your request. Additional information was supplied via phone and fax on April 22, 2002. The merchandise in question is olive oil of several types. All of the varieties will be imported for retail sale in 250-ml glass bottles.

The first product is described as extra virgin olive oil. This will be imported in 10-ml and 20-ml individual use plastic packets as well as in the glass bottles mentioned above. The other flavors are said to consist of extra virgin olive oil and natural extracts. These are: garlic flavored olive oil, pepper flavored olive oil, fine herbs flavored olive oil, and smoked salmon flavored olive oil.

The applicable subheading for the extra virgin olive oil 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 rate of duty will be 5 cents per kilogram on contents and container.

The applicable subheading for the garlic flavored olive oil, the pepper flavored olive oil, the fine herbs flavored olive oil, and the smoked salmon flavored olive oil will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings: Other:. The rate of duty will be 6.4 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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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