HQ 083903
July 6,1989
CLA:2 CO:R:C:G H 083903
TARIFF N0.: 2005.70.50
Mr. H. Jud Carter
California Olive Assoc.
112 "I" St, Suite 100
Sacramento, Cal 95814
RE: Classification of California style olives
Dear Mr. Carter:
Your letter of March 8, 1989, requests clarification of
Headquarters ruling letter (HQRL 082243, dated January 18,1989)
on the classification, under the Harmonized Tariff Schedule of
the United States (HTSUS), of California style canned ripe olives
FACTS:
California style canned ripe olives are described as being
black in color and in a saline solution.
ISSUE:
Classification of california style canned ripe olives under
the HTSUS.
LAW AND ANALYSIS:
The additional U.S. Legal Note 1 to Section IV of the HTSUS
states that the term "canned" as used in the section means
preserved in airtight containers by heat processing to destroy or
inactivate micro-organisms and enzymes that otherwise could cause
spoilage.
Subheadings 2005.70.50 and 2005.70.60, HTSUS, provide for
olives, in a saline solution, not green in color, canned.
-2-
HOLDING:
Olives HTSUS Rates of Duty
Whole, unpitted 2005.70.5000 11.6 cents per kg. on drained
weight
Pitted,sliced 2005.70.6050 11.9 cents per kg. on drained
weight
Wedged,chopped 2005.70.6070 11.9 cents per kg on drained
weight
HQRL 082243 modified accordingly.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: N.Y.