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NY I80930




May 10, 2002

CLA-2-20:RR:NC:2:228 I80930

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700; 2005.90.9700

Mr. Vincent Arguimbau
Kiwi Trading Company
4 Davenport Road
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of prepared olives from Morocco and prepared capers from Morocco, Turkey, and Spain

Dear Mr. Arguimbau:

In your letter dated April 12, 2002 you requested a tariff classification ruling.

The capers are described as fresh-picked vegetables that were placed into a salt brine and cured for several months. The cured capers are imported in a salt brine in drums containing 150 kilograms, net weight. The olives are described as tree ripe black olives immersed in caustic solution, rinsed and packed dry in a drum with salt. Both products will be sold to repackers and specialty food processors and distributors.

The applicable subheading for the olives 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 frozenolivesotherwise prepared or preservedother. The rate of duty will be 8.8 cents per kilogram on drained weight.

The applicable subheading for the capers will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenother vegetablesother. The rate of duty will be 11.2 percent ad valorem.

Articles classifiable under subheading 2005.90.9700, HTS, which are products of Morocco and Turkey are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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