HQ 082243: Classification of 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 082243

                                  January 18, 1989

          CLA-2 CO:R:C:G 082243 JGH

          CATEGORY: Classification

          TARIFF NO.: TSUS 148.40 - 148.56

          Mr. Marvin Martin
          President
          California Olive Association
          1112 I Street, Suite 100
          Sacramento, California 95814

          RE: Classification of Olives

          Dear Mr. Martin:

              This is in further reference to your inquiry pursuant to
          Section 516, Tariff Act of 1930, as amended, on behalf of the
          California Olive Association, on the classification and rate of
          duty of certain imported olives.  The classification and rates of
          duty provided herein are under the Harmonized Tariff Schedules of
          the United States Annotated (HTSUSA), which on January 1, 1989,
          replaced the tariff schedules which were in effect when you
          submitted your request.

              The types of olives listed by you were as follows:

          (1) Fresh Olives "in natural condition"

          (2) Olives for further processing provisionally preserved in
              brine, or other solution, not ready for immediate
              consumption;

          (3) Processed olives in a saline solution:

              (a) whole green olives
              (b) pitted green olives
              (c) stuffed green olives
              (d) place packed pitted and stuffed green olives
              (e) sliced wedges or chopped green olives
              (f) pitted green olives mixed with pimento

          (4) Wet Greek Olives

          (5) Dry Greek Olives

          (6) Sicilian style olives

          (7) Ripe olives in brine from olives that have had no caustic
              treatment











                                          -2-

          (8) California style black ripe olives in hermetically sealed
              containers

              (a) whole
              (b) pitted
              (c) sliced
              (d) wedged
              (e) chopped

          (9)  Freeze Dried Olives

          (10) Nicoise Style Olives

              Classification of the above styled olives under the HTSUSA
          would be as follows:

          Type of Olives                  HTSUSA No         Rate of Duty

          (1) Fresh                       0709.90.35        11  cents /kg

          (2) Provisionally preserved     0711.20.20        7.7 cents /kg
              not suitable for
              consumption

          (3) Processed olives in a saline solution:

              (a) prepared or             2005.70.10        7.7 cents /kg
                  preserved, green in
                  color, not pitted
              (b) pitted or stuffed       2005.70.20       11   cents /kg
              (c) stuffed green olives    2005.70.20       11   cents /kg
              (d) otherwise prepared      2005.70.80       11   cents /kg
                  or preserved

          (4) Wet Greek Olives

              (a) provisionally
                  preserved, not
                  pitted                  0711.20.20       11.6 cents /kg
              (b) pitted and stuffed      0711.20.40       11.3 cents /kg
              (c) otherwise prepared      2005.70.80       11   cents /kg

          (5) Dry Greek Olives

              (a) dried, not ripe         0712.90.15        11  cents /kg
              (b) dried, ripe             0712.90.20        5.5 cents /kg

          (6) Sicilian Style Olives
              Green olives in saline
              solution, not pitted or












                                         -3-

              stuffed                     2005.70.10.30     7.7 cents /kg
              pitted or stuffed           2005.70.20        11  cents /kg

          (7) Ripe olives in brine

              (a) provisionally           0711.20.20        7.7 cents /kg
                  preserved not pitted
                  or stuffed

              (b) provisionally           0711.20.40       11.3 cents /kg
                  preserved pitted or
                  stuffed

          (8) California Style Black
              Ripe Olives
              otherwise prepared or
              preserved                   2005.70.80        11  cents /kg

          (9) Freeze dried olives         0712.90.15        11  cents /kg
              dried olives, not ripe

              dried olives, ripe          0712.90.20        5.5 cents /kg

          (10) Nicoise style olives
               provisionally
               preserved, not
               suitable for
               consumption
               not pitted                 0711.20.20        7.7 cents /kg

               pitted or stuffed          0711.20.40       11.3 cents /kg

              If you intend to pursue this petition, it is suggested that
          you follow the requirements of 19 CFR Part 175, copy enclosed.

              Also for your information, there is enclosed copies of the
          sections of the HTSUSA which deal with the classification of
          olives.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division

          Enclosures














          JGHurley:tj:typed 07/01/88
          rewritten:tj:     12/05/88