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NY N010903

May 17, 2007



TARIFF NO.: 1509.10.2000

Mr. Octavio Cardoso
Westchester International Corp.
5491 University Drive
Coral Springs, FL 33067

RE: The tariff classification of olive oil from Brazil

Dear Mr. Cardoso:

In your letter dated May 7, 2007 you requested a tariff classification ruling.

Descriptive literature accompanied your letter. Organic Oil Extra Virgin is described as oil obtained by the cold pressing process. It will be packaged for retail sale in 250 or 500-milliliter glass jars.

The applicable subheading for the Organic Oil Extra Virgin 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 modifiedvirginweighing with the immediate container under 18 kg. The duty rate will be 5 cents per kilogram on the 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/.

Articles classifiable under subheading 1509.10.2000, HTSUS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 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 classification ruling on the Organic Dried Banana, Organic Mini-Corn, and Organic Beetroot. Your request for a classification ruling for the banana should include a complete description of the manufacturing process and complete ingredients breakdown. For the mini-corn, provide the complete botanical name of the plant from which this was grown – Genus, species, and variety or cultivar. For the beetroot, provide a sample for laboratory analysis. When this information is available, you may wish to consider resubmission of your request. 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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