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NY M83925




July 03, 2006

CLA-2-21:RR:NC:2:228 M83925

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700. 2106.90.9998, 3924.10.4000, 3924.90.5500, 8215.99.0500

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

RE: The tariff classification of preserved olives and onions, olive juice, a plastic shaker, and stainless steel olive forks from China.

Dear Mr. Gat:

In your letters dated April 12, 2006, May 8, 2006, and facsimile transmission dated June 29, 2006, you requested a tariff classification ruling.

A sample and pictorial literature were submitted with your first letter, complete ingredients breakdowns were submitted with your second letter, and additional cost and composition information were provided with your facsimile transmission. The sample was examined and disposed of. Item no. DM-219809 Martini Valet is a retail gift pack containing one bottle filled with olives and onions, one bottle of olive juice, a plastic shaker, two metal olive forks, and a “leatherette” serving tray. The pearl onions and pimiento-stuffed, green olives, are packed in a liquid salt brine. The olive juice is said to contain water, olive juice, salt, and sodium benzoate. The bottles measure 4-1/4 inches tall and 1-1/2 inches square. The plastic shaker measures 5-1/5 inches tall and 2-1/2 inches in diameter. The olive forks are made of stainless steel, contain nickel, measure 12.065 centimeters long, and cost 30 cents each. The “leatherette” valet tray is a dark brown colored article made from a three-layer construction consisting of paperboard covered with cellular PVC sheeting and backed with a woven textile.

The applicable subheading for the pearl onions and stuffed olives in brine will be 2005.90.9700, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid.other vegetablesand mixture of vegetablesother. The duty rate will be 11.2 percent ad valorem.

The applicable subheading for the olive juice will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or includedother otherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the plastic shaker with jigger cap will be 3924.10.4000, HTSUS, which provides for tableware, kitchenware, other household articlesof plasticstableware and kitchenwareother. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the valet tray will be 3924.90.5500, HTSUS, which provides for other household articlesof plasticsother. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the olive fork will be 8215.99.0500, HTSUS, which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tablewareand base metal parts thereofotherotherforkswith stainless steel handleswith handles containing nickel or containing over 10 percent by weight of manganeseother. The rate of duty will be 0.5¢ each, plus 8.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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