The tariff classification of Olives from Spain

N333744 July 21, 2023 CLA-2-20:OT:RR:NC:N5:228 CATEGORY: Classification TARIFF NO.: 2005.70.9100; 2005.70.9300 Pilar Galvan Agro Sevilla USA 340 Herndon Parkway Herndon, VA 20170 RE:  The tariff classification of Olives from Spain Dear Ms. Galvan: In your letter dated June 28, 2023, you requested a tariff classification ruling. An ingredients breakdown, manufacturing flowchart, product specification sheet and a product brochure accompanied your inquiry. The subject merchandise, “Pitted Green Hojiblanca Olives Mojito Aroma,” is described as whole, green, unpitted olives that have a crisp, firm, and pulpy texture. The olives are preserved in a liquid solution and imported in an ambient condition, packed in 200 ml glass jars. The product is said to be composed of approximately 51 percent water, 42 percent olives, 3 percent salt, 1 percent sugar, and trace amounts of lemon rind, aromas, mint, yeast extraxt, citric acid, lactic acid and ascorbic acid. The net drained weight of the olives is 90 grams. The applicable subheading for the product, “Pitted Green Hojiblanca Olives Mojito Aroma,” 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 general 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. 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 https://hts.usitc.gov/current. 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 and Border Protection 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, please contact National Import Specialist Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division