CLA-2-20:OT:RR:NC:2:228
Ms. Sarah Scipione
Trans American CHB Inc.
2775 Broadway
Buffalo, NY 14227
RE: The tariff classification of prepared olives from Greece
Dear Ms. Scipione:
In your letter dated August 8, 2011, on behalf of G. Banis Company and Services, you requested a tariff classification ruling.
Ingredients lists for six different kinds of Gloria’s Harvest brand prepared olives accompanied your letter. Samples, received by this office on August 22, 2011, were forwarded to the U.S. Customs and Border Protection laboratory for analysis. The products are pitted or whole olives prepared in a solution, put up for retail sale in bags holding 6 oz (170 grams) or 7 oz (200 grams), drained weight. Pitted Green Olives contain pitted green olives in a solution of water, extra virgin olive oil, sea salt, vinegar, citric acid, potassium sorbate, herbs and spices. Mediterranean Mix Olives is a mixture of whole black olives, whole blond olives, whole kalamata olives and whole green olives, in a liquid medium composed of extra virgin olive oil, sea salt, vinegar, herbs and spices. Pitted Salad Mix Olives is a mixture of pitted kalamata olives, pitted green olives, pitted black olives and pitted blond olives, in a solution consisting of water, extra virgin olive oil, sea salt, vinegar, herbs and spices. Pitted Kalamata Olives and Kalamata Olives are composed of pitted or whole purplish-black kalamata olives, water, extra virgin olive oil, sea salt, vinegar, herbs and spices. Pepper Stuffed Green Olives are pitted green olives stuffed with florina red pepper slices in a solution of water, extra virgin olive oil, sea salt, vinegar, citric acid, potassium sorbate, herbs and spices. Laboratory analysis found these six products contained 0.21 – 0.34 percent acetic acid.
The applicable subheading for the Pitted Green Olives and Pepper Stuffed 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, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006… 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 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, HTSUS, and the rate of duty will be 8.8 cents per kilogram on drained weight.
The applicable subheading for the Mediterranean Mix Olives, Pitted Salad Mix Olives, Pitted Kalamata Olives and Kalamata Olives will be 2005.70.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…olives…otherwise prepared or preserved…other. The rate of duty will be 8.8 cents per kilogram on drained weight.
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 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 the National Import Specialist at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division