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NY N004355




January 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.0600, 2005.70.0800, 2005.70.1200

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

RE: The tariff classification of olives from Egypt.

Dear Mr. Arguimbau:

In your letter dated December 8, 2006, 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 product consists of whole green olives that have been cleaned, sorted, graded, and placed in drums containing salt brine. The olives ferment in the brine for three to four months, and are then exported to the United States in the same drums they were processed in. The olives are edible straight from the drum. After importation, the olives in drums may be repacked for retail sale as green olives, or may be sold to a food manufacturer for further processing.

The applicable subheading for the olives in drums, when certified to be used for repacking or for sale as green olives, and when the total aggregate quantity imported into the United States in any calendar year is 4400 metric tons or less, will be 2005.70.0600, Harmonized Tariff Schedule of the United States (HTSUS), 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 solutiongreen in colornot pittedotherin containers each holding more than 8 kg. drained weight, certified by the importer to be used for repacking or sale as green olivesdescribed in additional U.S. note 4 to chapter 20 and entered pursuant to its provisions. The rate of duty will be 3.7 cents per kilogram on drained weight. If the quantitative limits of additional U.S. note 4 to chapter 20 have been reached, the product will be classified in subheading 2005.70.0800, HTSUS. The rate of duty will be 3.7 cents per kilogram on drained weight.

The applicable subheading for the olives imported in drums, when not certified to be used for repacking or for sale as green olives, will be 2005.70.1200, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olives in a saline solutiongreen in colornot pittedother other. The rate of duty will be 3.7 cents per kilogram on drained weight.

Articles classifiable under subheading 2005.70.0600 and 2005.70.1200, HTS, which are products of Egypt may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP 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 our Web site at www.cbp.gov and search for the term "GSP".

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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