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NY 869872




January 8, 1992

CLA-2-09:S:N:N1:231 869872

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.11.0040

Mr. Theodore Davidov
Coda International Ltd.
2101 Connecticut Avenue N.W.
Washington, D.C. 20008

RE: The tariff classification of a pepper grinder from Italy

Dear Mr. Davidov:

In your letter dated December 12, 1991 you requested a tariff classification ruling.

The product, a pepper grinder, is a unit containing the following three components: 1.13 ounces of white pepper, a plastic grinder and a glass container. The plastic grinder is permanently attached to the glass container, which contains the pepper. The grinder is not refillable, when empty the complete unit is thrown away.

The applicable subheading for the disposable pepper grinder will be 0904.11.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for pepper of the genus Piper: neither crushed nor ground: white. The rate of duty will be free.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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