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NY F81100

March 23, 2000

CLA-2-21:RR:NC:2:228 F81100


TARIFF NO.: 2106.90.9998

Ms. Teresa Kloza
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of a food product from Greece.

Dear Ms. Kloza:

In your letter dated January 3, 2000, you requested a tariff classification ruling.

A sample and an ingredients breakdown were submitted with your letter. The sample was forwarded to the U.S. Customs Laboratory for analysis. Your letter states the sample of “Olive Tricolor in Brine” contains Kalamata olives, green olives and prune olives. Examination of the sample found a bottom layer of prune olives, followed by layers of red peppers, green olives, slices of citrus, and Kalamata olives. The Olive Tricolor in Brine will be put up in a glass jar measuring approximately 6-1/2 inches tall and 2-1/2 inches in diameter, containing approximately 11.5 ounces, drained weight. Laboratory analysis found the sample to contain 0.24 percent acetic acid.

The applicable subheading for the this product will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included otherotherother. The rate of duty will be 6.4 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted is not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 212-637-7065.


Robert B. Swierupski

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