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NY R01988




June 14, 2005

CLA-2-15:RR:NC:SP:232 R01988

CATEGORY: CLASSIFICATION

TARIFF NO.: 1509.10.2000; 1509.10.4000

Dr. Christa Bruhn
Canaan Fair Trade, LLC
5812 Shorecrest Drive
Middleton, WI 53705

RE: The tariff classification of Olive Oil from the West Bank

Dear Dr. Bruhn:

In your letter dated May 18, 2005, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is said to be cold-pressed extra-virgin olive oil. It will be imported for retail sale in three types and sizes of container: 1-liter glass bottles, 500-ml glass bottles, and 5-gallon metal cans.

The applicable subheading for the 1-liter and 500-ml containers will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The duty rate will be 5 cents per kilogram on contents and container.

It is assumed that the 5-gallon cans of olive oil weigh more than 18 kilograms. Therefore the applicable subheading for the 5-gallon cans will be 1509.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Other. The duty rate will be 3.4 cents per kilogram.

Articles classifiable under subheadings 1509.10.2000 and 1509.10.4000, HTS, which are products of the West Bank, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

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 CFR 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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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