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NY 859124


Jan 2, 1991

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.8200; 2005.70.8300

Mr. Khalid Aldajani
Dajani & Sons, Inc.
9155-A Whiskey Bottom Road
Laurel , MD 20723

RE: The tariff classification of olives from Turkey

Dear Mr. Aldajani:

In your letter dated November 26, 1990 (received by this office on December 24, 1990), you requested a tariff classification ruling.

The product is described as whole green olives, packed in 44 pound tins. The contents of each container is said to be 21 pounds olives, 1/2 pound lemon, 1/2 pound hot green peppers, 3 pounds salt, and 19 pounds water.

The applicable subheading for the olives will be 2005.70.8200, Harmonized Tariff Schedule of the United States (HTS), 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 duty rate will be 5.5 cents per kilogram on the drained weight. If, at the time of entry, the quantity of 550 metric tons has been exceeded, the olives will be classified in subheading 2005.70.8300, HTS, and the rate of duty will be 11 cents per kilogram on the drained weight.

Your request for a tariff classification ruling for tahini was answered in our letter to you dated November 14, 1990, file 857781.

Your current inquiry still does not provide enough information for us to give a classification ruling on halva and mloukhiyeh. As we stated in our November 14, 1990 letter, your request for a classification ruling should include an ingredients breakdown, by weight, for the halva, and the botanical name of the mloukhiyeh.

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

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