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NY L88407




November 17, 2005

CLA-2-20:RR:NC:2:228 L88407

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700

Ms. Ann Adell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of black olive paste from Italy.

Dear Ms. Adell:

In your letter dated October 20, 2005, you requested a tariff classification ruling.

An ingredients breakdown and sample accompanied your letter. The sample was forwarded to the US Customs and Border Protection laboratory for analysis. GIA brand Black Olive Paste is a purple/black paste put up for retail sale in a tube containing 80 grams, net weight. It is said to be composed of 90 percent black olives, 5 percent olive oil, 4 percent salt, and 1 percent vinegar. Laboratory analysis found the sample contained 0.26 percent acetic acid.

The applicable subheading for the Black Olive Paste, 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 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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