HQ 083903: Classification of California style olives

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 083903

                                     July 6,1989

          CLA:2 CO:R:C:G  H 083903

          CATEGORY: Classification

          TARIFF N0.: 2005.70.50

          Mr. H. Jud Carter
          California Olive Assoc.
          112 "I" St, Suite 100
          Sacramento, Cal 95814

          RE:   Classification of California style olives

          Dear Mr. Carter:

                Your letter of March 8, 1989, requests clarification of
          Headquarters ruling letter (HQRL 082243, dated January 18,1989)
          on the classification, under the Harmonized Tariff Schedule of
          the United States (HTSUS), of California style canned ripe olives

          FACTS:

                California style canned ripe olives are described as being
          black in color and in a saline solution.

          ISSUE:

                Classification of california style canned ripe olives under
          the HTSUS.

           LAW AND ANALYSIS:

                The additional U.S. Legal Note 1 to Section IV of the HTSUS
          states that the term "canned" as used in the section means
          preserved in airtight containers by heat processing to destroy or
          inactivate micro-organisms and enzymes that otherwise could cause
          spoilage.

                Subheadings 2005.70.50 and 2005.70.60, HTSUS, provide for
          olives, in a saline solution, not green in color, canned.




















                                         -2-
          HOLDING:

             Olives               HTSUS         Rates of Duty


          Whole, unpitted      2005.70.5000   11.6 cents per kg. on drained
                                              weight

          Pitted,sliced        2005.70.6050   11.9 cents per kg. on drained
                                              weight

          Wedged,chopped       2005.70.6070   11.9 cents per kg  on drained
                                              weight

                HQRL 082243 modified accordingly.


                                  Sincerely,




                                  John Durant, Director
                                  Commercial Rulings Division










































          6 cc: N.Y.