The tariff classification of olives from Argentina

N059949 May 19, 2009 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2005.70.6050 Mr. Charles Gabbert Atalanta Corporation Atalanta Plaza Elizabeth, NJ 07206 RE: The tariff classification of olives from Argentina Dear Mr. Gabbert: In your letter dated May 5, 2009 you requested a tariff classification ruling. Samples, product specifications, and a description of the manufacturing process were submitted with your letter. The samples were examined and disposed of. Del Destino brand Sliced Ripe Olives consists of sliced black olives in a solution of water, salt, and ferrous gluconate, packed in sealed, plastic film pouches containing 33 ounces (935 grams), net drained weight. The good is made from sliced, California style ripe black olives, filled into pouches that are then sealed, sterilized in a autoclave, and packed into cartons, 10 pouches to a carton. The applicable subheading for the Del Destino Sliced Ripe Olives will be 2005.70.6050, 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…in a saline solution…not green in color…canned…other…sliced. The rate of duty will be 10.1 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 National Import Specialist Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division