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NY C86659




May 6, 1998

CLA-2-21:RR:NC:2:228 C86659

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Frank M. Murphy
Norman G. Jensen, Inc.
P.O. Box 8008
3030 Commerce Drive
Port Huron, MI 48061-8008

RE: The tariff classification of flavored oils from Canada.

Dear Mr. Murphy:

In your letters dated March 13, 1998, and April 8, 1998, on behalf of Au Printemps Gourmet Fin d'Hiver, Inc., Quebec, Canada, you requested a tariff classification ruling.

The samples, submitted with your letter, were examined and disposed of. Summer Garden Oil is canola oil with added sundried tomatoes, pine nuts, rosemary, spices, and chili peppers. Pesto Oil is canola oil with spices, seasoning, pine nuts, and chili peppers. Fiery Pepper Oil is canola oil with chili peppers, herbs, and spices. The Summer Garden Oil and the Fiery Pepper Oil are put up in square glass bottles, approximately 2 inches x 2 inches and 10.5 inches tall, containing 500 ml, net weight. The Fiery Pepper Oil is also packed in a square shaped bottle measuring 1 1/2 inches x 1 1/2 inches and 7 1/4 inches tall, containing 100 ml, net weight. The Pesto Oil is in a cylindrical glass bottle approximately 2 1/4 inches in diameter and 14 inches tall containing 500 ml, net weight. Each of the bottles is sealed with a cork stopper and wax, onto which is tied a hinged paper tag. The oils are used as seasonings for vegetables, pasta, salads and meat.

The applicable subheading for the flavored oils will be 2103.90.8000 Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings ...other...other...other. The rate of duty will be 6.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 212-466-5760.

Sincerely,

Robert B. Swierupski
Director,

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