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NY 894321




February 7, 1994

CLA-2-09:S:N:N7:231 894321

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.11.0020; 2501.00.0000
Mr. Bob Gustafson
Bari Italian Foods
3875 Bengert Street
Orlando, Florida 32808

RE: The tariff classification of black pepper corns and sea salt packaged individually in disposable grinders.

Dear Mr. Gustafson:

In your letter dated January 24, 1994 you requested a tariff classification ruling.

The products are black pepper corns and sea salt packaged individually in grinders. The plastic grinder is permanently attached to the glass container, which contains the pepper corns or sea salt. The grinder is not refillable, when empty the complete unit is thrown away.

The applicable subheadings for these products will be as follows:

The black pepper corns in 0904.11.0020, HTS, which provides for pepper of the genus Piper: neither crushed nor ground: black. The rate of duty will be free.

The sea salt in 2501.00.0000, HTS, which provides for salt (including table suit and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents; sea salt. The rate of duty is 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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