The tariff classification of olives from Greece

NY 891068 November 22, 1993 CLA-2-20:S:N:N7:228 CATEGORY: Classification TARIFF NO.: 2005.70.8100; 2007.70.8300 Ms. Jeanne D. Urquiza Nicola International, Inc. 3368 San Fernando Road, Unit 109 Los Angeles, CA 90065 RE: The tariff classification of olives from Greece Dear Ms. Urquiza: In your letters dated October 12, 1992, June 30, 1993, and August 4, 1993 (the last of which was received on October 4, 1993), you requested a tariff classification ruling. Seven products are described in your letter. A sample of each product was submitted with your August letter, as well as a sample of the type of container in which some of them will be imported. The samples were forwarded to the U.S. Customs laboratory for analysis. The products are green, Kalamata, and black olives, all "naturally fermented," preserved in a liquid solution, and packed in non-airtight plastic drums or metal tins. Information provided with your June, 1993 letter indicated the preservative liquid solution was "brine and vinegar." However, the sample of the 13-kilogram metal container in which certain olives are imported states the vegetable is preserved in a solution of water, salt, vinegar, and olive oil. Laboratory analysis found the acetic acid content of the samples to range from .1 percent to .29 percent. All varieties are ready for consumption in their imported condition. The applicable subheading for the green olives (i.e., green plain, green stuffed, green pitted, green with lemon and pepper), when imported in containers holding less than 13 kilograms, drained weight, and when the total quantity imported into the United States has not exceeded 550 metric tons in a calendar year, will be 2005.70.8100, HTS, which provides for olives...otherwise prepared or preserved. The rate of duty will be 5.5 cents per kilogram on the drained weight. When these olives are imported in containers holding 13 kilograms or more, drained weight, or when the total quantity imported into the United States in a calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.8300, HTS, which provides for olives...otherwise prepared or preserved...other. The duty rate will be 11 cents per kilogram on the drained weight. The applicable subheading for the Kalamata olives, Kalamata pitted olives, and Greek black olives 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. 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