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NY H86863

January 14, 2002

CLA-2-15:RR:NC:SP:232 H86863


TARIFF NO.: 1509.10.2000

Mr. Carlos Eduardo Saavedra Pinzón
Bellestar Investments Corp
6001 Broken Sound Parkway NW, Suite 408
Boca Raton, FL 33487

RE: The tariff classification of Olive Oil from Spain

Dear Mr. Saavedra Pinzón:

In your letter received January 3, 2002, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs, and a sample with your request. The merchandise in question is “Los Vergeles de Moraila” extra virgin olive oil. This product will be imported for retail sale in a variety of containers: ¼ liter and ½ liter cruet-shaped bottles with cork stoppers, 1 liter, 2 liter, and 5 liter plastic bottles, ¾ liter glass bottles, and 5 liter cans. The promotional sample submitted was a 150-ml can with all pertinent information printed in Spanish.

The applicable subheading for the “Los Vergeles de Moraila” extra virgin olive oil will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on contents and container.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Implementation and Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
(202) 205-5321

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 sample you have submitted does 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 John Maria at 646-733-3031.


Robert B. Swierupski

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