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NY I86922




October 11, 2002

CLA-2-20:RR:NC:2:228 I86922

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1200; 2005.70.2540; 2005.90.9700

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of prepared vegetables from Italy

Dear Mr. Mento:

In your letter dated September 26, 2002, on behalf of InterEx, Inc., Cleveland, OH, you requested a tariff classification ruling.

Ingredients lists and four unlabeled samples were submitted with your letter. The products are prepared vegetables, put up for retail sale in glass jars containing 300, 700, or 1600-grams, net weight, marketed under the “Italian Classico” brand name. Green Olives in Brine, Pitted Green Olives in Brine, and Black Olives in Brine consist of whole or pitted olives in a liquid solution of water and salt. Eggplant in Vegetable Oil consists of narrow strips of eggplant in a medium of sunflower oil flavored with oregano, garlic, and hot pepper.

The applicable subheading for the Green Olives in Brine 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 a saline solutiongreen in colornot pittedotherother. The rate of duty will be 3.7 cents per kilogram on drained weight.

The applicable subheading for the Pitted Green Olives in Brine will be 2005.70.2540, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olivesin a saline solutiongreen in colorpitted or stuffedotherin containers each holding 8 kg or less, drained weightwhole pitted. The rate of duty will be 8.6 cents per kilogram on drained weight

The applicable subheading for the Eggplant in Vegetable Oil will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006other vegetables and mixtures of vegetablesother. The rate of duty will be 11.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Black Olives in Brine. Your request for a classification ruling should include a complete description of the manufacturing process. If the olives were heat treated at any stage of production, please describe. When this information is available, you may wish to consider resubmission of your request. The sample of the Black Olives in Brine will be retained with the National Import specialist for thirty (30) days, pending receipt of the above information. The remaining three samples are being returned to you, as requested.

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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