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NY I83581




August 1, 2002

CLA-2-20:RR:NC:2:228 I83581

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1600; 2005.70.1800

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

RE: The tariff classification of olives from Spain

Dear Mr. Arguimbau:

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

Descriptive literature accompanied your letter. The products are stuffed green olives in a saline solution, place packed in glass jars containing 3 ounces, net weight. The olives have been prepared by lye treatment, fermentation, pitting, and stuffing with onions, almonds, capers, or a combination of almonds and pimentos.

The applicable subheading for the 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 a 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.

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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