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NY C89239


July 16, 1998

CLA-2-7:RR:NC:2:228 C89239

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.8080, 0904.12.0000, 2103.90.8000, 2209.00.0000

Mr. Brett Ian Harris

Grunfeld, Desiderio, Lebowitz & Silverman LLP

245 Park Avenue

New York, NY 10167-3397

RE: The tariff classification of food products from China.

Dear Mr. Harris:

In your letter dated June 22, 1998, on behalf of Shonfeld's (USA), Inc., you requested a tariff classification ruling.

Five samples were submitted with your letter. As per your request, all are being returned to you. Item CF-8032 is dried coriander flakes put up in a round glass jar, measuring 4 inches tall and 3 1/4 in diameter, with a decorative cork top. Item BP-

8015, Black Pepper Blend, is a mixture of 45 grams of crushed black pepper with 45 grams of salt. Item PO-8015 is Pepper-Onion Mix consisting of 80 percent minced onion, 10 percent black peppercorns, and 10 percent crushed red pepper. The Black Pepper Blend and Pepper-Onion Mix are put up in square shaped glass jars measuring 4 1/4 inches tall, 1 3/4 inches across, and 1 3/4 inches long, with a cork stopper. Thyme vinegar, item TV-8037, is a green colored liquid composed of white distilled vinegar with thyme sprigs, and food coloring, in a wave-shaped, glass bottle measuring 6 inches tall, 2 inches across, and 2 inches long, with a wood and cork stopper.

The applicable subheading for the coriander flakes (Item CF-8032) will be 0712.90.8080, HTS, which provides for dried vegetables...whole, cut, sliced, broken or in powder, but not further prepared...other vegetables...other. The duty rate will be 9.9 percent ad valorem.

The applicable subheading for the black pepper blend (Item BP-8015) will be 0904.12.0000, HTS, which provides for pepper of the genus Piper...crushed or ground. The duty rate will be free.

The applicable subheading for the pepper-onion mix (Item PO-

8015), will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings...other...other. The rate of duty will be 6.8 percent ad valorem.

The applicable tariff provision for the thyme flavored vinegar (TV-8037) will be 2209.00.0000, HTS, which provides for vinegar and substitutes for vinegar obtained from acetic acid. The general rate of duty will be 0.6 cents per proof liter.

Your inquiry does not provide enough information for us to give a classification ruling on the strawberry jam (Item SJ-

8013). Your request for a classification ruling should include a complete ingredient breakdown, by weight, a complete description of the manufacturing process, and country of origin information for the jam and the magnet.

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 C.F.R. 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 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,


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