Classification of California style olives

HQ 083903 July 6,1989 CLA:2 CO:R:C:G H 083903 CATEGORY: Classification TARIFF N0.: 2005.70.50 Mr. H. Jud Carter California Olive Assoc. 112 "I" St, Suite 100 Sacramento, Cal 95814 RE: Classification of California style olives Dear Mr. Carter: Your letter of March 8, 1989, requests clarification of Headquarters ruling letter (HQRL 082243, dated January 18,1989) on the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of California style canned ripe olives FACTS: California style canned ripe olives are described as being black in color and in a saline solution. ISSUE: Classification of california style canned ripe olives under the HTSUS. LAW AND ANALYSIS: The additional U.S. Legal Note 1 to Section IV of the HTSUS states that the term "canned" as used in the section means preserved in airtight containers by heat processing to destroy or inactivate micro-organisms and enzymes that otherwise could cause spoilage. Subheadings 2005.70.50 and 2005.70.60, HTSUS, provide for olives, in a saline solution, not green in color, canned. -2- HOLDING: Olives HTSUS Rates of Duty Whole, unpitted 2005.70.5000 11.6 cents per kg. on drained weight Pitted,sliced 2005.70.6050 11.9 cents per kg. on drained weight Wedged,chopped 2005.70.6070 11.9 cents per kg on drained weight HQRL 082243 modified accordingly. Sincerely, John Durant, Director Commercial Rulings Division 6 cc: N.Y.