CLA-2-20:OT:RR:NC:2:228
Mr. Aaron Bier
Import Manager
Brauner International Corporation
66 York Street, Suite 100
Jersey City, NJ 07302
RE: The tariff classification of food products from the West Bank
Dear Mr. Bier:
In your letter dated November 30, 20011, you requested a tariff classification ruling.
Samples and recipe sheets were submitted with your letter. The samples were open, examined and disposed of. Organic Nabali Olive Tapenade is an oily, light green-colored, finely chopped food preparation composed of approximately 50 percent green nabali olives, 19.5 percent berries capers, 15 percent olive oil, 13 percent blossom capers, 2 percent lemon juice, 0.5 percent mustard seed and an unknown amount of salt. Sun-dried Tomato Caper Spread is an oily, reddish brown-colored, finely chopped food product consisting of 40.4 percent sun dried tomatoes, 40 percent capers and 19.6 percent olive oil. Olive Honey Spread is an oily, soft, dark brown-colored, homogenous spread made from 45 percent black olives, 21.5 percent green olives in a liquid medium of 30 percent honey and 3.5 percent olive oil. Olive Almond Spread is a pale-yellow colored spread composed of 50 percent green olives, 22 percent almonds, 17 percent olive oil, 10 percent capers, 1 percent lemon juice and an unknown amount of salt. Fig Sesame Spread is a light brown-colored spread containing 50 percent dried figs, 32.5 percent sesame seeds and 17.5 percent olive oil. All products are put up for retail sale in glass jars, sealed with metal caps, measuring 6.4 ounces (180 grams) – 7.8 ounces (220 grams). All, except Olive Honey Spread, will be used as spreads or dips. Olive Honey Spread is said be an ideal accompaniment to soft cheese.
The applicable subheading for the Organic Nabali Olive Tapenade and Olive Almond Spread, 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…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 Olive Honey Spread will be 2005.70.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…olives… otherwise prepared or preserved…other. The rate of duty will be 8.8 cents per kilogram on drained weight.
The applicable subheading for the Sun-dried Tomato Caper Spread will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables…other. The rate of duty will be 11.2 percent ad valorem.
The applicable subheading for the Fig Sesame Spread will be 2008.92.1040, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved…other, including mixtures other than those of subheading 2008.19…mixtures…in airtight containers and not containing apricots, citrus fruits, peaches or pears…other. The rate of duty will be 5.6 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/.
Articles classifiable under subheading 2005.99.9700, HTSUS, which are products of the West Bank may be entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
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 National Import Specialist Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division