The tariff classification of olives from Italy

N029041 June 4, 2008 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2005.70.1200; 2005.70.5060; 2005.70.7000 Mr. Robert Pascale PLP Importing, LLC. 7300 Carmel Executive Park Charlotte, NC 28226 RE: The tariff classification of olives from Italy Dear Mr. Pascale: In your undated letter, received by this office on May 22, 2008 you requested a tariff classification ruling. Samples, submitted with your letter, were examined and disposed of. Maria Rovanni brand Green Olives and Maria Rovanni brand Black Olives are whole, unpitted olives packed in a liquid medium of water, salt, and lactic acid. The container for the green olives states the medium also contains ascorbic acid. Both olive types are packed for retail sale in glass jars holding 10.5 ounces (300 grams), net weight. The applicable subheading for the green olives will be 2005.70.1200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…olives…in a saline solution…green in color…not pitted…other…other. The rate of duty will be 3.7 cents per kilogram on drained weight. The applicable subheading for the black olives, if heat processed during the packing operation, will be will be 2005.70.5060, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…olives…in a saline solution…not green in color…canned…not pitted…in containers each holding 0.3 kg or less, drained weight. The rate of duty will be 9.3 cents per kilogram on drained weight. If the black olives were not heat processed during the packing operation, the applicable subheading will be 2005.70.7000, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…olives…in a saline solution…not green in color…other than canned…in airtight containers of glass or metal. The rate of duty will be 9.9 cents on drained weight. 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 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division