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NY B84388




May 7, 1997

CLA-2-09:RR:NC:2:231 B84388

CATEGORY: CLASSIFICATION

TARIFF NO.: 0910.99.6000; 7013.39.2000

Ms. Glenda Bachman
Pier 1 Imports
301 Commerce Street, Suite 600
Fort Worth, TX 76102

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

Dear Ms. Bachman:

In your letter, dated April 15, 1997, you have requested a tariff classification ruling.

The merchandise, which is comprised of spice art products, is described thus:

1. bottle of layered peppercorns

2. bottle of layered peppercorns and salt

The submitted sample is a large, decorative, reusable, bottle, in the shape of a cone, that contains peppercorns (item #1 listed above). The conical, clear glass bottle is 13 inches high, and its base is 2 inches in diameter. 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 $0.66, and the value of the peppercorns and salt as $2.30. The ingredients are three types of peppercorns (black, white, and pink). The submitted sample contains no salt. The peppercorns are in layers inside the bottle. The article is a spice art product that is commercially designed to be used for human consumption or display purposes.

The applicable subheading for the peppercorns, in item #1 listed above, will be 0910.99.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other spices, other, other, other. The general rate of duty will be 1.9 percent ad valorem. The applicable subheading for the bottle, in item #1 listed above, 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 27.8 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), provides, in general, that all articles of foreign origin imported into the United States be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to the ultimate purchaser in the United States. The implementing regulations to 19 USC 1304 are set forth in Part 134, Customs Regulations (19 CFR 134). The sample that you have submitted is not 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(s) of entry.

In order to issue a ruling on the bottle of layered peppercorns and salt (item #2 listed above), this office requires a sample and ingredient breakdowns by weight and value for that product.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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