The tariff classification of black olives from Spain

N265311 June 10, 2015 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2005.70.9700 Ms. Sylvia Perez Borges USA, Inc. 2680 W. Shaw Lane Fresno, CA 93711 RE: The tariff classification of black olives from Spain Dear Ms. Perez: In your letter dated June 1, 2015, you requested a tariff classification. A flow chart and ingredients breakdown were provided with your letter. “Black Ripe Olives Without Brine” consists of approximately 98 percent whole, pitted, black olives, 2 percent salt, and less than 1 percent of olive oil and ferrous gluconate, packed for retail sale without brine in a sealed glass jar weighing 5.3 oz., (150 g), net weight. The production process includes curing, fermenting, preserving, oxidizing, pitting olives, then coating with olive oil, filling in jars, and heat treating. The applicable subheading for the “Black Ripe Olives Without Brine” will be 2005.70.9700, 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 … other. The duty rate 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 the 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 ww.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 Bruce N. Hadley, Jr. at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division