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NY J86248




July 10, 2003

CLA-2-20:RR:NC:2:228 J86248

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.70.9700

Ms. Catherine M. Carney
The Hipage Company, Inc.
P.O. Box 3158
Norfolk, VA 23514

RE: The tariff classification of olives from Spain

Dear Ms. Carney:

In your letter dated June 19, 2003, on behalf of Tee Pee Olives, you requested a tariff classification ruling.

A description of the manufacturing process accompanied your letter. A sample, submitted with earlier correspondence, was examined and disposed of. The product consists of whole, pitted, black olives, lightly coated with olive oil, packed for retail sale without brine in an airtight metal container with a pull-top lid, containing 85 grams, net weight. The production process involves pitting, darkening the olives by oxidation, sterilization in an autoclave, and packing under partial vacuum in the airtight container. Ferrous gluconate has been added to stabilize the color.

The applicable subheading for these olives will be 2005.70.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolives otherwise prepared or preservedother. The rate of duty will be 8.8 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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