CLA-2-20:S:N:N7:228 805713
Ms. Rosalyn Mckenna
A.J. Arango, Inc.
P.O. Box 75062
Tampa, FL 33675-5062
RE: The tariff classification of stuffed olives from Spain
Dear Ms. Mckenna:
In your letter dated October 21, 1994 you requested a tariff
classification ruling.
A sample was submitted with your letter. Additional
information regarding the processing and packaging was received
by this office on January 9, 1995. The sample was examined and
disposed of. The merchandise consists of whole green olives,
stuffed with strips of jalapeno peppers, imported in a salt brine
in drums containing 154 kilograms. The olives are products of
Spain, where they were pitted and then shipped to Honduras, in
plastic drums filled with a salt brine. In Honduras, the olives
are stuffed with jalapeno peppers of Honduran origin, returned to
the original plastic drums, and topped with salt brine.
The applicable subheading for the stuffed olives will be
2005.70.2520, Harmonized Tariff Schedule of the United States
(HTS), which provides for other vegetables prepared or preserved
otherwise than by vinegar or acetic acid, not frozen...olives...
in a saline solution...green in color...pitted or stuffed...
other...in containers each holding more than 8 kg, drained
weight...whole stuffed. The rate of duty will be 10.4 cents per
kilogram on the drained weight.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport