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NY L87132




November 9, 2005

CLA-2-20:RR:NC:2:228 L87132

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700

Ms. Patricia Kennedy
Food Match Inc.
575 Eighth Avenue
New York, NY 10018

RE: The tariff classification of Nicoise-style olives from France.

Dear Ms. Kennedy:

In your letters dated August 4, 2005, August 11, 2005, and August 30, 2005, you requested a tariff classification ruling.

A list of ingredients and a description of the manufacturing process was submitted with your first letter. A sample, submitted with your August 11th letter, was forwarded to the US Customs and Border Protection laboratory for analysis. The Nicoise-style olives are whole, purple/brown-colored olives, in a liquid medium consisting of water, sunflower oil, olive oil, salt, vinegar, and lactic acid. The olives are prepared by immersing in a high-salt solution for four to five months to remove bitterness, transferring to barrels containing a lower salt solution, and packed in plastic pails containing 4.5 kilograms, drained weight. Laboratory analysis found the olives contained 0.15 percent acetic acid.

The applicable subheading for the Nicoise-style 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 preservedother. The rate of duty will be 8.8 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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