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NY R03247

March 2, 2006

CLA-2-15:RR:NC:SP:232 R03247


TARIFF NO.: 1509.10.2000

Ms. Charity A. Callahan
N-Star Import and Export LLC
Box 7187
Hackettstown, NJ 07840

RE: The tariff classification of Tinara Estate Australian Olive Oil from Australia

Dear Ms. Callahan:

In your letter dated February 8, 2006 you requested a tariff classification ruling. Your request also asks for the country of origin for marking purposes of the product.

Descriptive information was submitted with your request. The subject merchandise is described as extra virgin olive oil, which has been cold pressed. The product will be imported in 250 milliliter (N000518) and 500 milliliter (N00519) dark glass bottles.

The applicable subheading for the Tinara Estate Australian Olive Oil, will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The general rate of duty will be 5 cents per kilogram on contents and container.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Your inquiry does not provide enough information for us to give a ruling on the country of origin of the olive oil. Your request for a marking ruling should include the origin of all ingredients, and where and how the ingredients are processed. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 John Maria at 646-733-3031.


Robert B. Swierupski

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