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NY J82665




April 17, 2003

CLA-2-15:RR:NC:SP:232 J82665

CATEGORY: CLASSIFICATION

TARIFF NO.: 1509.10.2000; 1509.90.2000

Mr. Francesco Pircio
STR USA, Inc.
617 Shady Drive East
Pittsburgh, PA 15228

RE: The tariff classification of Olive Oil from Italy

Dear Mr. Pircio:

In your letter dated March 20, 2003, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is described as two varieties of olive oil that will be imported for retail sale. The first type is stated to be extra virgin (cold pressed). The second is described only as olive oil, so it is assumed, for the purposes of this ruling, that the product is not virgin olive oil. Both will be marketed in differing sizes and styles of containers: 1 liter glass bottles, 1 gallon aluminum or glass containers, 3 liter aluminum or glass containers, and/or 5 liter aluminum or glass containers.

The applicable subheading for the extra virgin olive oil, in any of the stated containers, will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on contents and container.

The applicable subheading for the non-virgin olive oil, in any of the stated containers, will be 1509.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Other: Weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on contents and container.

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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