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NY 891105




October 29, 1993

CLA-2-7:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0710.80.9750; 0910.40.3000; 2008.99.9090

Mr. King Van Nostrand
Elco Freight International, Inc.
The Hemisphere Center
Route 1 & 9 South and International Way
Newark, NJ 07114

RE: The tariff classification of frozen herbs and spices from France

Dear Mr. Van Nostrand:

In your letter dated October 5, 1993, on behalf of White Toque, Inc., Perth Amboy, NJ, you requested a tariff classification ruling.

Nine products are described in your letter, and samples of eight of these items were submitted. The samples were examined and disposed of. All products consist of the leaves and/or stems and branches of different plants (chervil, chives, dill, parsley, tarragon, thyme, basil, and rosemary), finely chopped and frozen. The samples were put up in containers holding 1.7 ounces.

The applicable subheading for the frozen chervil, chives, dill, parsley, and tarragon will be 0710.80.9750, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen...other...reduced in size... other...other. The rate of duty will be 17.5 percent ad valorem.

The applicable subheading for the frozen thyme will be 0910.40.3000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices...other...thyme. The rate of duty will be 7.5 percent ad valorem. If entered prior to January 1, 1994, the rate of duty will be 5.6 percent ad valorem, in subheading 9903.10.13, HTS.

The applicable subheading for the frozen basil and rosemary will be 2008.99.9090, HTS, which provides for other edible parts of plants, otherwise prepared or preserved...other...other...other. The rate of duty will be 7 percent ad valorem.

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 samples you have submitted do 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.

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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