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NY I81710





July 31, 2002

CLA-2-20:RR:NC:2:228 I81710

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3400, 2001.90.3800, 6912.00.4100, 6912.00.4810, 8215.99.2000

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

RE: The tariff classification of prepared pearl onions from Israel, olives from Greece, olive picks, small olive boats and salt and pepper shakers from China.

Dear Mr. Gat:

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

Samples and copies of labels were submitted with your letter. Item no. DM-202762 Sense Martini Set is comprised of glass jars of pearl onions and stuffed green olives, a ceramic salt shaker in the shape of a martini shaker, a ceramic pepper shaker in the shape of a martini glass (with toothpick and olive), two small metal forks with olive-shaped handles, and two small “olive boats”. The olives are whole, pitted, stuffed with minced pimento, and place packed. According to the specification sheet, the olives and the pearl onions are in a liquid medium of “vinegar brine”, citric acid, potassium sorbate, sodium sulfite, and salt. Laboratory analysis found the olives contained 4.89 percent acetic acid and the onions contained 5.05 percent acetic acid. The item is assembled in China from olives that are products of Greece, pearl onions from Israel, olive picks, small olive boats, and salt and pepper shakers from China.

The applicable subheading for the prepared pearl onions will be 2001.90.3400, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherothervegetablesonions. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the olives with minced pimento will be 2001.90.3800, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherothervegetablesother. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the ceramic salt and pepper shakers will be 6912.00.4100, HTS, which provides for ceramic tableware, kitchenware, other household and toilet articles, other than of porcelain or chinatableware and kitchenware otherothersalt and pepper shaker sets. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the ceramic serving dish will be 6912.00.4810, 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.

The applicable subheading for the olive forks will be 8215.99.2000, HTS, which provides for forksotherforkswith rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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