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HQ 085297

December 4, 1989

CLA-2 CO:R:C:G 085297 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.8090

Mr. Irving Lehat
Ken Lehat & Associates, Inc.
5 Beckman Street
New York, NY 10038

RE: Chervil

Dear Mr. Lehat:

This ruling is in response to your letter of August 3, 1989, requesting the classification of chervil under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided for our examination.

FACTS:

The subject of this inquiry, chervil, is an annual herb, the leaves of which are used in salads and as a garnish. The submitted sample consists of such leaves, dried and chopped or ground to a fairly uniform particle size.

ISSUE:

What is the proper classification of chervil under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

Chapter 7, Legal Note 2, indentifies chervil as a product classifiable as a vegetable in the HTSUSA. Heading 0712 provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared. The subject product so fits this description.

HOLDING:

Chervil is classifiable in subheading 0712.90.8090, HTSUSA, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables, other. The applicable rate of duty is 13 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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