CLA-2-20:S:N:N1:228
Mr. Salvatore Attina
Attina Ltd.
1123 Yonkers Avenue
Yonkers, NY 10704
RE: The tariff classification of prepared olives from Greece,
Italy, Morocco, and Spain
Dear Mr. Attina:
In your letter dated April 30, 1991, you requested a tariff
classification ruling.
Descriptive information for six products, and three samples,
accompanied your letter. The samples were sent to the U.S.
Customs laboratory for analysis. Pickled Black Olives are said
to be whole black olives, in brine, packed in 13 kilogram
barrels. Cured Black olives are whole black olives, with 2
percent added sunflower oil, packed in 430 gram glass jars or 5
kilogram plastic bags. Pickled Olives are whole green olives in
a liquid medium composed of brine, salt, wine vinegar, citric
acid, ascorbic acid, and lactic acid. Homestyle Pickled Olives
are whole green olives, in brine, with approximately 3 percent of
garlic, hot peppers, and fennel. Both the Pickled and Homestyle
Pickled Olives will be packed in various sized glass jars and in
20 and 220 kilogram barrels. Stuffed Olives in Oil are pitted
green olives stuffed with red pepper, in a liquid medium
composed of sunflower oil, salt, wine vinegar, citric acid,
ascorbic acid and lactic acid. The stuffed olives will be packed
in glass jars containing 290, 660, or 2800 grams, net weight.
Pickled Pitted Olives are whole, pitted green olives in similar
sized glass jars, in a medium of brine, salt, wine vinegar,
citric acid, ascorbic acid, and lactic acid. Analysis of samples
of Pickled Olives, Stuffed Olives in Oil, and Pickled Pitted
Olives found an acetic acid content of .22, .14, and .34 percent,
respectively.
The applicable subheading for the Pickled Black Olives, in
barrels, will be 2005.70.7500, Harmonized Tariff Schedule of the
United States (HTS), which provides for other vegetables prepared
or preserved otherwise than by vinegar or acetic
acid...olives...in a saline solution...not green in
color...other than canned...other. The duty rate will be 5 cents
per kilogram on the drained weight.
The applicable subheading for the Pickled Olives and Homestyle
Pickled Olives (in glass jars), Stuffed Olives in Oil, and
Pickled Pitted Olives will be 2005.70.8100, HTS, which provides
for olives...otherwise prepared or preserved...green, in
containers each holding less than 13 kg, drained weight, in 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 the
drained weight. Should the total imported aggregate quantity
exceed 550 metric tons, these products will be classified in
subheading 2005.70.8300, HTS, and the rate of duty will be 11
cents per kilogram on the drained weight.
The applicable subheading for the Cured Black Olives, and
the Pickled Olives and Homestyle Pickled Olives in barrels, will
be 2005.70.8300, HTS, which provides for olives...otherwise
prepared or preserved...other. The rate of duty will be 11 cents
per kilogram on the drained weight.
Your inquiry does not provide enough information for us to
give a classification ruling on the Pickled Black Olives in jars.
Your request for a classification ruling should include a
complete description of the processing operations performed on
the olives, including a full description of the packing (i.e.,
filling the glass jars).
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The products
you have described, and the samples you have submitted, do not
appear to be properly marked with the country of origin. You may
wish to discuss the matter of country of origin marking with the
Customs import specialist at the proposed port of entry.
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