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March 26, 1999

CLA-2-21:RR:NC:2:228 D88584

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000; 2103.90.9060

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

RE: The tariff classification of food flavorings from Canada

Dear Mr. Murphy:

In your letter dated February 19, 1999, on behalf of Au Printemps Gourmet Fin d’Hiver, Inc., Quebec, Canada, you requested a tariff classification ruling.

Two samples were submitted with your letter. Brickstone brand Summer Garden Oil consists of a round glass bottle with a flared base, approximately 13 inches tall, 3 inches in diameter at the base, with a cork stopper, containing 750 milliliters of oil, in which are suspended a variety of plant parts. The stated ingredients are canola oil, sun dried tomatoes, pine nuts, rosemary, spices, and chili peppers. Suggested uses for this product include a flavoring for cooked pasta and vegetables, and a medium in which to saute vegetables. Brickstone brand Chili Oil & Rice Vinegar consists of a glass bottle, approximately 13 inches tall, 1-5/8 inches square at the base, with a cork stopper, filled with an orange-colored oil floating on top of a pale yellow-colored vinegar. The stated ingredients are canola oil, rice vinegar, chili pepper oil, and paprika. The product is used as a dipping sauce for breads, tortillas, and the like, and may also be used as a dressing for green salads and vegetables.

The applicable subheading for the Summer Garden Oil will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings...other...other. The rate of duty will be 6.6 percent ad valorem.

The applicable subheading for the Chili Oil & Rice Vinegar will be 2103.90.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations therefor...other...other. The rate of duty will be 6.6 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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