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NY L83251




March 23, 2005

CLA-2-20:RR:NC:2:228 L83251

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.5060, 2005.70.6030, 2005.70.6050

Mr. Vincent Arguimbau
Kiwi Trading Company
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of prepared olives from Portugal.

Dear Mr. Arguimbau:

In your letter dated March 2, 2005, you requested a tariff classification ruling.

A sample and a description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. The merchandise is described as California Style Ripe Olives in three varieties - whole, pitted, and sliced, put up in jars containing 6 or 7.75 ounces, net weight. The product is prepared from green olives that have been treated with a lye solution, aerated to change their color to black, the color stabilized with ferrous gluconate. The black olives are then pitted or sliced, packed in glass jars in a solution of water, salt, and lactic acid, and sterilized in retorts.

The applicable subheading for the California Style Whole Ripe Olives will be 2005.70.5060, 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 solutionnot green in colorcannednot pitted in containers each holding 0.3 kg or less, drained weight. The rate of duty will be 9.3 cents per kilogram on drained weight.

The applicable subheading for the California Style Whole Pitted Ripe Olives will be 2005.70.6030, 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 solutionnot green in colorcannedotherwhole pittedin containers each holding 0.3 kg or less, drained weight. The rate of duty will be 10.1 cents per kilogram on drained weight.

The applicable subheading for the California Style Pitted Sliced Olives will be 2005.70.6050, 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 solutionnot green in colorcannedothersliced. The rate of duty will be 10.1 cents per kilogram on drained weight.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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