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NY K88585

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August 27, 2004
CLA-2-20:RR:NC:2:228 K88585

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.1600, 2005.70.1800, 6912.00.4810, 8215.99.2000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of olives, a ceramic dish and forks from China.

Dear Mr. Gat:

In your letter dated August 3, 2004, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your letter. Item no. DM-206231C Martini Drink Set includes one glass jar containing stuffed green olives, a small ceramic serving dish, and four small metal forks with olive-shaped handles made of resin. The olives are whole, pitted, stuffed with pimento, and place packed in a liquid medium of brine containing water, salt, sodium sulfate, citric acid, and potassium sorbate. The item is assembled in China from olives that are products of Greece.

The applicable subheading for the whole, stuffed, place packed olives, in item no. DM-206231C 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 frozenolives in 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.

The applicable subheading for the ceramic serving dish will be 6912.00.4810, HTS, which provides for ceramic tableware, other household articles and toilet articles, other than of porcelain or china tableware and kitchenwareother otherothersuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the olive forks will be 8215.99.2000, HTS, which provides for forksotherforkswith rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 percent ad valorem.

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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See also:

• Tariff No.: 2005.70.16 - Olives, green, in saline, place packed, stuffed, in containers holding n/o 1 kg, aggregate quantity n/o 2700 m ton/yr
• Tariff No.: 2005.70.18 - Olives, green, in saline, place packed, stuffed, in containers holding n/o 1 kg, aggregate quantity o/2700 m ton/yr
• Tariff No.: 6912.00.48 - Ceramic (o/than porcelain or china) household tableware and kitchenware, nesoi
• Tariff No.: 8215.99.20 - Base metal forks, with rubber or plastic handles