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NY F83486





March 13, 2000

CLA-2-22:RR:NC:SP:232 F83486

CATEGORY: CLASSIFICATION

TARIFF NO.: 2209.00.0000

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 E. 2nd Street – Suite #4
Long Beach, CA 90803

RE: The tariff classification of an Oil & Vinegar Set from China

Dear Mr. Harper:

In your letter dated February 16, 2000, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and specifications, and a sample with your request. The merchandise in question is Product OV-200458, an oil and vinegar, or cruet, set. This item, which consists of two 9 inch tall nesting hemispherical glass bottles with cork stoppers, packaged together and tied with twine to make one retail item. As the sample submitted appears to be a prototype, the actual weight of the contents is not specified. One bottle contains chili flavored canola oil, a red liquid which has visible chilies and spices floating within. It is said to consist of canola oil, dehydrated chili peppers, black peppercorns, paprika and flavor. The other half of the set is rosemary flavored white vinegar, which also has visible condiments such as a few rosemary sprigs and some mustard seeds. It is described as distilled white vinegar, with an acetic acid content of 6 percent, mustard seeds, rosemary, and balsamic vinegar.

For classification purposes this item is considered a set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-200458, an oil and vinegar set, 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 0.5 cents per proof liter.

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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,

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