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NY J87511

October 17, 2003

CLA-2-20:RR:NC:2:228 J87511


TARIFF NO.: 2001.90.3400, 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 July 11, 2003, you requested a tariff classification ruling.

Samples and copies of labels were submitted with your letter. Item no. SA-204146 Two Part Martini Set is comprised of glass jars of pearl onions and stuffed green olives, and two small metal forks with olive-shaped handles. The bottles are stacked one atop the other, and the forks have been tied with raffia to the neck of the upper bottle. Laboratory analysis found the onions contained 2.83 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 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.

Your inquiry does not provide enough information for us to issue a classification ruling on the olives. Your request for a classification ruling should include a complete ingredient breakdown for “solution C”, the liquid the olives are packed in.

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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