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NY L84387

August 12, 2005

CLA-2-20:RR:NC:2:228 L84387


TARIFF NO.: 2005.70.9700

Ms. Patricia Kennedy
Food Match Inc.
575 Eighth Avenue
New York, NY 10018

RE: The tariff classification of olives from France.

Dear Ms. Kennedy:

In your letter dated August 4, 2005, you requested a tariff classification ruling.

The Nicoise olives are whole, dark purple colored olives in a liquid medium consisting of water, sunflower oil, olive oil, salt, and lactic acid. The olives are prepared by immersing in a high salt solution for four to five months to remove bitterness, transferring to barrels containing a lower salt solution, packing in tins holding 2.748 kilograms, drained weight, and pasteurized.

The applicable subheading for the canned Nicoise 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 frozenolivesotherwise prepared or preservedother. The rate of duty will be 8.8 cents per kilogram on drained weight.

Your inquiry does not provide enough information for us to issue a classification ruling on the Nicoise olives in pails. Your request for a classification ruling should include the additional information indicated below:

1. A complete ingredients breakdown, by weight, of the Nicoise olives in pails. A sample for laboratory analysis.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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