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NY C85451




April 1, 1998

CLA-2-22:RR:NC:SP:232 C85451

CATEGORY: CLASSIFICATION

TARIFF NO.: 2209.00.0000

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Champagne Wine Vinegar with Peppercorns & Rosemary from England.

Dear Ms. Bell:

In your letter dated March 6, 1998, you requested a tariff classification ruling.

You submitted samples with your request. The merchandise in question is said to be champagne wine vinegar. It is shipped for retail sale in a 9 inch tall glass bottle which has a 2 1/4 inch square base and 4 sides which taper up to a width of 3/4 inch. It is stoppered by a cork which is sealed with wax. In the bottle, along with the vinegar and designed to add a distinctive flavor to the product, are a sprig of rosemary and enough black peppercorns to thinly coat the bottom of the bottle. The samples are being returned to you, as per your request.

The applicable subheading for the champagne wine vinegar with peppercorns and rosemary will be 2209.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.6 cents per proof liter.

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

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 John Maria at 212-466-5730.

Sincerely,

Robert B. Swierupski

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