United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 NY Rulings > NY I81272 - NY I81336 > NY I81319

Previous Ruling Next Ruling
NY I81319




May 14, 2002

CLA-2-21:RR:NC:2:228 I81319

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1200, 2005.70.1600, 2005.70.1800, 6912.00.4810

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of olives and a ceramic serving dish from China.

Dear Mr. Gat:

In your letter dated April 26, 2002, you requested a tariff classification ruling.

A sample and copies of labels were submitted with your letter. Item no. OL-202771 Provence Olive Boat Set is comprised of three jars of olives placed in a ceramic dish. The Premium Green Olives contain whole green olives in brine (water, salt, lactic acid, citric acid, and potassium sorbate). The Green Olives with Minced Pimento contain whole pitted green olives stuffed with pimento paste, place packed in the jar, in brine. The canoe-shaped ceramic serving dish measures 16-1/4” x 1-6/8” x 1”. The item is assembled in China from olives that are products of Greece and a ceramic dish from China.

The applicable subheading for the Premium 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 saline solutiongreen in color not pittedotherother. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Green Olives with Minced Pimento, 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, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesin saline solutiongreen 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 serving dish will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic tableware, other household articles and toilet articles, other than of porcelain or china tableware 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 Premium Black Olives. Your request for a classification ruling should include a description of the manufacturing process. Specifically, at any point in the process, from receipt of the olives to packaging, are the black olives subject to heat treatment? Explain fully.

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,

Previous Ruling Next Ruling

See also: