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NY K82677




May 10, 2004
CLA-2-20:RR:NC:2:228 K82677

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Kalamata Olive Confit from Greece.

Dear Ms. Mollinary:

In your letter dated January 26, 2004, you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the laboratory for analysis. Kalamata Olive Confit, a black/purple colored lumpy mass, consists of Kalamata olives, sugar, orange juice, lemon peel, red peppercorns, green peppercorns, and olive oil. The product is put up in a glass jar containing 225 grams, net weight. Laboratory analysis found the sample did not contain acetic acid.

The applicable subheading for the Kalamata Olive Confit 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 preservedother. 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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