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NY J86643

October 3, 2003

CLA-2-20:RR:NC:2:228 J86643


TARIFF NO.: 2001.90.3400, 2005.70.1600, 2005.70.1800, 8215.99.2000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of a martini set from China.

Dear Mr. Gat:

In your letter dated June 26, 2003, you requested a tariff classification ruling.

Samples and copies of labels were submitted with your letter. Item no. SA-204692 Two Part Martini Set is comprised of glass jars of pearl onions and stuffed green olives, and four small metal forks with olive-shaped handles. The bottles are stacked one atop the other, and the forks have been wrapped with raffia onto the neck of the upper bottle. The olives are whole, pitted, stuffed with minced pimento, and place packed. Laboratory analysis found the olives contained 0.28 percent acetic acid and the onions contained 2.94 percent acetic acid. The item is assembled in China from olives that are products of Greece, pearl onions from Israel, and olive picks from China.

The applicable subheading for the prepared pearl onions will be 2001.90.3400, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherothervegetablesonions. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the olives, when the total aggregate quantity imported into the United States in any calendar year is 2700 metric tons or less, will be 2005.70.1600, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesin saline solutiongreen in colorpitted or stuffedplace packedstuffed, in containers each holding not more than 1 kg, drained weightin an aggregate quantity not to exceed 2700 metric tons in any calendar year. The rate of duty will be 5.4 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 2700 metric tons, the applicable subheading will be 2005.70.1800, HTS, and the rate of duty will be 6.9 cents per kilogram on drained weight.

The applicable subheading for the olive forks will be 8215.99.2000, HTS, which provides for forksotherforkswith rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 percent ad valorem.

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.


Robert B. Swierupski

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