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NY J86491





July 17, 2003

CLA-2-21:RR:NC:2:228 J86491

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700
Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of olives from Greece.

Dear Mr. Gat:

In your letters dated April 14, 2003, April 16, 2003, received May 20, 2003, and June 26, 2003, you requested a tariff classification ruling.

A sample was submitted with your first letter, and an ingredients breakdown and description of the manufacturing process accompanied the second letter. The sample was examined and disposed of. Premium Black Olives are stated to contain whole black olives in a solution of water, salt, lactic acid, citric acid, potassium sorbate, and canola oil. The olives are put up in glass jars and imported as one of the components in item no. OL-204542 Triple Olive Boat.

The applicable subheading for the Premium Black Olives will be 2005.70.9700, 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 2006olivesotherwise prepared or preserved other. The rate of duty will be 8.8 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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