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NY F81101

January 13, 2000

CLA-2-20:RR:NC:2:228 F81101


TARIFF NO.: 2005.70.9100; 2005.70.9300

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

RE: The tariff classification of an olive spread from Greece

Dear Ms. Kloza:

In your letter dated December 21, 1999 you requested a tariff classification ruling.

Two samples were submitted with your letter. One was opened, examined and disposed of. The other is being returned to you, as requested. Gaea brand Organic Olive & Anchovy Spread is a soft, brown-gray paste, said to be composed of approximately 71 percent green olives, 12 percent olive oil, 7 percent orange juice, 5 percent anchovy fillets, 4 percent lemon juice, and less than one percent each of garlic and oregano. The product is packed for retail sale in a glass jar containing 6.4 ounces (180 grams), net weight.

The applicable subheading for the olive and anchovy spread, when the total aggregate quantity imported into the United States in any calendar year is 550 metric tons or less, will be 2005.70.9100, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesotherwise prepared or preservedgreen, in containers each holding less than 13 kg, drained weightin an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram, on the drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTS, and the rate of duty will be 8.8 cents per kilogram on the drained weight.

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 (19 CFR Part 134). The samples you have submitted do not appear to be 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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