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NY N013770

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July 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800; 2005.70.9100; 2005.70.9300; 6911.10.8010; 8215.99.2000

Mr. Steve Nowik
Panalpina Inc.
800 Devon Ave.
Elk Grove Village, IL 60007

RE: The tariff classification of prepared olives, ceramic dishes, and olive forks from China.

Dear Mr. Nowik:

In your letter dated March 9, 2007, a letter received by this office on April 26, 2007, and a third letter dated June 22, 2007, on behalf of The Wisconsin Cheeseman Inc., Sun Prairie, WI, you requested a tariff classification ruling.

Samples accompanied your first letter. Item no. 7303 Olive Set is comprised of one 110-gram jar of whole black olives, one 130-gram jar of whole green olives, two ceramic (porcelain) serving dishes, and two small metal forks with olive-shaped handles, packed for retail sale in a clear plastic box. The black and green olives were forwarded to the Customs laboratory for analysis. The whole black olives are said to be packed in a liquid medium containing red wine vinegar, water, salt, and dried oregano. However, examination of the sample by this office and the Customs laboratory did not detect the presence of oregano or any other solid material, other than the olives. The whole green olives were packed in a liquid medium containing salt, peppers, lactic acid, garlic, dill, and oregano. Laboratory analysis found the black olives contained 1.62 percent acetic acid and the green olives contained 0.03 percent acetic acid. The ceramic dishes measure 3-5/8 inches square and 1-1/2 inches deep. The olive forks are made from stainless steel, with olive-shaped polyresin handles. The item is assembled in China from olives that are grown in Spain and processed in the United Kingdom, and ceramic dishes and olive forks that are products of China.

The applicable subheading for the whole black olives will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid...other...vegetables...other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the green olives, when the total aggregate quantity imported into the United States in any calendar year is 550 metric tons or less, will be 2005.70.9100, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolives otherwise prepared or preservedgreen, in containers each holding less than 13 kg, drained weightin an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTS, and the rate of duty will be 8.8 cents per kilogram on drained weight.

The applicable subheading for the ceramic dishes will be 6911.10.8010, HTSUS, which provides for tableware, kitchenware, other household articles and toilet articles, of porcelain or chinatableware and kitchenwareotherother othersuitable for food or drink contact. The rate of duty will be 20.8 percent ad valorem.

The applicable subheading for the olive forks will be 8215.99.2000, HTSUS, which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tablewareotherotherforkswith rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 percent 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/.

Ceramic table/kitchenware may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: 1-888-463-6332.

The olives and the ceramic table and kitchen articles may be 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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See also:

• Tariff No.: 2001.90.38 - Vegetables (including olives) nesoi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2005.70.91 - Olives, green, container less 13 kg, quota of 550 m tons/year, prepared or preserved otherwise than by vinegar/acetic acid, not in saline
• Tariff No.: 2005.70.93 - Olives, green, container less than 13 kg, exceed 550 m tons/year, prepared or preserved otherwise than by vinegar/acetic acid, not in saline
• Tariff No.: 6911.10.80 - Porcelain or china (o/than bone china) household tableware & kitchenware, not in specified sets, nesoi
• Tariff No.: 8215.99.20 - Base metal forks, with rubber or plastic handles