CLA-2-07:OT:RR:NC:N2:228
Mr. Joe Fairleigh
OXP
321 East Hillsboro Blvd.
Deerfield Beach, FL 33441
RE: The tariff classification of provisionally preserved olives from Israel
Dear Mr. Fairleigh:
In your undated letter received on January 25, 2012 and eMail dated February 13, 2012 you requested a tariff classification ruling.
Description literature and a sample accompanied your January letter. Additional information was provided in your February eMail. The sample was examined and disposed of. The product is a mixture of whole green, brown and black olives in a liquid medium in a plastic bag. You stated that the liquid medium in the sample package was simply water that had formed around the salt since packing time. You described the product was produced by thoroughly rinsing fresh olives after harvesting, undergoing a special temperature-related treatment (completely chemical free), vacuum-packing in plastic bags with table salt in order to absorb humidity/water within the vacuum pack, and refrigerating. The provisionally preserved olives will be imported in refrigerated condition, vacuum-packed in plastic bags weighing one to three kilograms, for oil extraction. The olives in their imported condition are not suitable for immediate consumption.
In your letter, you suggested a tariff classification of 2005.70.7500, Harmonized Tariff Schedule of the United States (HTSUS), the provision for olives otherwise prepared or preserved in a saline solution. Based on the product's ingredient composition, method of preparation and use, they will be classified elsewhere.
The applicable subheading for the olives will be 0711.20.3800, HTSUS, which provides for vegetables provisionally preserved (for example, by sulfur dioxide gas, in brine, in sulfur water or in other preservative solutions), but unsuitable in that state for immediate consumption…olives…not pitted…other. The rate of duty will be 5.9 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 website 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