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NY I84148





August 6, 2002

CLA-2-20:RR:NC:2:228 I84148

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.5030, 2005.70.5060, 2005.70.6020, 2005.70.6030, 2005.70.6050

Mr. Vincent Arguimbau
Kiwi Trading Company
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of olives from Spain and Morocco.

Dear Mr. Agruimbau:

In your letters dated March 4, 2002 and July 12, 2002, you requested a tariff classification ruling.

A sample and a description of the manufacturing process was submitted with your second letter. The products are California Style Whole Ripe Olives in cans containing, 66 ounces and 7 ounces, net weight, California Style Pitted Ripe Olives in cans containing 51 ounces and 6 ounces, net weight, and California Style Sliced Ripe Olives in cans containing 55 ounces, net weight. The sample of Whole Pitted Ripe Olives contains black olives in a liquid medium of water, salt and ferrous gluconate.

The applicable subheading for the California Style Whole Ripe Olives, 66 ounces net weight, will be 2005.70.5030, 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, other than products of heading 2006 olivesin a saline solutionnot green in colorcannednot pittedin containers each holding more than 0.3 kg., drained weight. The rate of duty will be 9.3 cents per kilogram on drained weight.

The applicable subheading for the California Style Whole Ripe Olives, in cans containing 7 ounces, net weight, will be 2005.70.5060,HTS, which provides for vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olivesin a saline solutionnot green in colorcannednot pittedin containers each holding 0.3 kg. or less, drained weight. The rate of duty will be 9.3 cents per kilogram on drained weight.

The applicable subheading for the California Style Pitted Ripe Olives, in cans containing 51 ounces, net weight, will be 2005.70.6020, HTS, which provides for vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olivesin a saline solutionnot green in colorcannedotherwhole pittedin containers each holding more than 0.3 kg. drained weight. The rate of duty will be 10.1 cents per kilogram on drained weight.

The applicable subheading for the California Style Pitted Ripe Olives in cans containing 6 ounces will be 2005.70.6030,HTS, which provides for vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olivesin a saline solutionnot green in color cannedotherwhole pittedin containers each holding 0.3 kg. or less, drained weight. The rate of duty will be 10.1 cents per kilogram on drained weight.

The applicable subheading for the California Style Sliced Ripe Olives in cans containing 5 ounces will be 2005.70.6050,HTS, which provides for vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olivesin a saline solutionnot green in color cannedothersliced. The rate of duty will be 10.1 cents per kilogram on drained weight.

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,

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