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NY A84605



June 25, 1996

CLA-2-12:RR:NC:FC:231 A84605

CATEGORY: CLASSIFICATION

TARIFF NO.: 1209.91.2000; 7013.39.2000

Ms. Pat Fraser
Au Printemps Gourmet Fin d'Hiver, Inc.
2875 Labelle
P.O. Box 388
Shawbridge/Prevost, Quebec J0R 1T0
Canada

RE: The tariff classification of spice art products from Canada.

Dear Ms. Fraser:

In your letter, dated June 6, 1996, you have requested a tariff classification ruling.

The submitted sample is a large, decorative, reusable, one liter bottle, in the shape of a rolling pin, that contains specific vegetable products. The packing includes a wooden rack. The bottle is not of a kind normally used for packing such goods, and is clearly suitable for repetitive use. Your breakdown lists the value of the empty bottle as $3.00. The ingredients are all spice, coriander, dill weed tops, poppy seeds, celery seeds, sesame seeds, crushed chili, fenugreek, minced garlic, and parsley. These seeds and and spices are in layers inside the bottle. You describe the article as a spice art product that is commercially designed to be used for human consumption or display purposes.

The applicable subheading for the vegetable products will be 1209.91.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds, fruits and spores, of a kind used for sowing, other, vegetable seeds, celery. The rate of duty will be free.

The applicable subheading for the bottle will be 7013.39.2000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018), glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics, other, other, valued not over $3 each. The general rate of duty will be 28.5 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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