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NY K83151

May 17, 2004
CLA-2-20:RR:NC:2:228 K83151


TARIFF NO.: 2005.70.9700

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Black Olive Tapenade from Greece.

Dear Ms. Mollinary:

In your letter dated February 9, 2004, you requested a tariff classification ruling.

The sample submitted with your letter was forwarded to the laboratory for analysis. Black Olive Tapenade, a black paste, consists of 42.43 percent olives, 31.36 percent sunflower oil, 12.48 percent capers, 7.73 percent sun-dried tomatoes, 2.5 percent salt, 1.5 percent wine vinegar, and less than one percent each of olive oil, and anchovies. The product is put up in a glass jar containing 10 ounces, net weight. Laboratory analysis found the sample contained 0.30 percent acetic acid.

The applicable subheading for the Black Olive Tapenade, 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 frozen, other than products of heading 2006olivesotherwise 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.


Robert B. Swierupski

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