The tariff classification of prepared olives from Spain.

N030263 June 20, 2008 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2005.70.9100, 2005.70.9300, 2005.70.9700 Mr. Vincent Arguimbau Arguimbau & Company P.O. Box 632 Greenwich, CT 06836-0632 RE: The tariff classification of prepared olives from Spain. Dear Mr. Arguimbau: In your letter dated June 5, 2008, you requested a tariff classification ruling. A sample and a description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. The product is described as “dehydrated green and black olives”. They are said to be prepared by cleaning, sorting, grading, fermenting in salt brine, reducing the moisture content by 10 percent, and packing in plastic pouches. The olives will be sold to manufacturers as a food ingredient. The sample consists of soft, moist, sliced black olives in a sealed, clear plastic film pouch weighing 3 pounds, 5.8 ounces. The applicable subheading for green olives, prepared and packaged as noted above, when the total aggregate quantity imported into the United States in any calendar year is 550 metric tons or less, will be 2005.70.9100, 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…otherwise prepared or preserved…green, in containers each holding less than 13 kg, drained weight…in an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTSUS, and the rate of duty will be 8.8 cents per kilogram on drained weight. The applicable subheading for the olives represented by the sample (i.e. black olives) will be 2005.70.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…olives…otherwise prepared or preserved…other. The rate of duty will be 8.8 cents per kilogram 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 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division