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NY N020591




February 14, 2008

CLA-2-19:OT:RR:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095, 2106.90.9990

Mr. Joseph Hoffacker
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of olive pomace products from Spain.

Dear Mr. Hoffacker:

In your letters dated November 2, 2007, and December 4, 2007, on behalf of CPC Ingredients LLC, New Rochelle, NY, you requested a tariff classification ruling.

Descriptions and a manufacturer’s flow chart accompanied your first letter. Samples and ingredient information was submitted with your second letter. The samples were forwarded to the US Customs and Border Protection laboratory for analysis. The three products, Olive Powder Standard, Olive Powder De-Bittered, and Olive Paste Standard, are made from mature brown or green olives that have been pitted and pressed to remove most of the olive oil. The remainder, the pomace or wet olive cake, is processed into a paste, sterilized, and aseptically packed in multilayer aluminum bags in metal drums. Prior to packing, the pastes may be cured, to produce a less bitter product. Olive Powder is produced by spray drying the cured or uncured olive paste. The Olive Powder Standard and Olive Powder De-Bittered is agglomerated or packaged without agglomeration into 20, 25, 500, and 1000-kilogram bags. The Olive Paste will be imported in metal drums containing aseptically filled 2, 5, 10, 20, 215, or 245-kilogram bags. Laboratory analysis found 100 percent of the sample of the Olive Powder Standard and 99.8 percent of the sample of the Olive Powder De-Bittered passed through a wire sieve with a 1.25 mm aperture, and the sample of the Olive Paste Standard contained 1.04 percent acetic acid. The products will be used as ingredients to make sauces, condiments, dressings, tomato-based products, breads, and pasta.

The applicable subheading for the Olive Powder Standard and Olive Powder De-Bittered will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extractotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Olive Paste Standard will be 2106.90.9990, HTSUS, which provides for food preparations not elsewhere specified or includedotherother othercanned. The rate of duty will be 6.4 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/.

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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