The tariff classification of kalamata olives from Greece

N152115 April 12, 2011 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2001.90.3800; 2005.70.9700 Ms. Sarah Scipione Trans American CHB, Inc. 2775 Broadway Buffalo, NY 14227 RE: The tariff classification of kalamata olives from Greece Dear Ms. Scipione: In your letters dated February 15, 2011, on behalf of G. Banis Company and Services, Wilmington, DE, you requested a tariff classification ruling. Samples, submitted under separate cover and received on March 7, 2011, were forwarded to the U.S. Customs and Border Protection laboratory for analysis. The products are described as Greek kalamata olives, packed in a liquid medium in glass jars. Lindsay Adventures Greek Kalamata Olives with Pits, in a jar containing 7 ounces, drained weight, is said to contain olives, water, salt, and pre-spiced vinegar. Laboratory analysis determined the acetic acid content of this product to be 0.66 percent. Lindsay Adventures Extra Large Pitted Greek Kalamata Olives, put up in a glass jar containing 70 ounces, drained weight, consists of olives, water, salt, vinegar, sunflower oil, olive oil, and spices. Laboratory analysis found this sample contained 0.42 percent acetic acid. The applicable subheading for the Lindsay Adventures Greek Kalamata Olives with Pits will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables…prepared or preserved by vinegar or acetic acid…other…vegetables…other. The rate of duty will be 9.6 percent ad valorem. The applicable subheading for the Lindsay Adventures Extra Large Pitted Greek Kalamata Olives will be 2005.70.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…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 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