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NY F86911




May 31, 2000

CLA-2-22:RR:NC:SP:232 F86911

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 Oil and Vinegar from China

Dear Mr. Harper:

In your letter dated May 9, 2000, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and specifications, and samples with your request. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified.

The first item is Product OV-201063, an oil and vinegar, or cruet, set: a retail unit which consists of three small (6 inch tall, 1 ½ inch diameter) bottles. These are packaged together in a metal mesh basket or rack which has a 9 inch tall tubular metal handle with a wooden dowel grip for ease of transport. There is also a horizontal bar attached to the handle which supports the bottles and to which the bottles are tied at the neck with black cord, as well as bars dividing the basket into separate sections to keep the bottles apart. One bottle contains “Rosemary & Garlic Flavored Oil” a yellow liquid which is stated to be canola oil with artificial flavor and annatto extract. Another bottle contains a dark red fluid which is described as red wine vinegar. The third bottle is “Apple Flavored Vinegar” which is a yellow liquid described as distilled white vinegar, with an acetic acid content of 6 percent, red wine vinegar, artificial flavor, and caramel color.

The second item, Product OV-200377 is also an oil and vinegar set consisting of three bottles packaged together in a metal mesh basket which has a wooden dowel
handle. The size, however, is larger as the bottles are 7 inches in height and 2 inches in diameter and the handle is 10 inches high. Bars divide the basket into separate sections to keep the bottles apart. One bottle contains “Rosemary & Pignoli Infused Oil” a yellow liquid which is stated to be canola oil, rosemary, pine nuts (or pignoli) and black peppercorns. It has visible rosemary sprigs with some pine nuts and peppercorns floating within. The second bottle contains “Chili, Pearl Onion & Thyme Infused Vinegar”: flavored white vinegar which, in addition to chilies, has visible condiments such as thyme and some pearl onions. It is described as distilled white vinegar, with an acetic acid content of 6 percent, chili peppers, pearl onions, thyme, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate. The third bottle is said to contain “Red Wine Vinegar with Pearl Onions”, a red fluid which has pearl onions floating in it.

Product OV-200150 is another cruet set which consists of two 9 inch tall, 2 ½ inch diameter bottles packaged together in a metal mesh basket which has a 12 inch tall tubular metal handle with a wooden dowel grip. There is a horizontal bar which supports the bottles and to which the bottles are tied at the neck with black cord, from which is suspended a metal initial “B” (for the “Being” product line) on the neck of each bottle. A bar also divides the basket into two sections to keep the bottles apart. One bottle contains “rosemary and pignoli infused oil” a yellow liquid which is stated to be rosemary and pignoli flavored canola oil. It has visible rosemary sprigs and some pine nuts, or pignoli, and black peppercorns floating within. The second bottle is stated to contain “Chili, Pearl Onion & Thyme Infused Vinegar”: flavored white vinegar which, in addition to chilies, has visible condiments such as thyme and some pearl onions. It is described as distilled white vinegar, with an acetic acid content of 6 percent, chili peppers, pearl onions, thyme, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate.

Product OV-200861 is a group of individually sold 9 inch tall bottles which feature a tapered middle in a modified hourglass shape. They are decorated with a metal initial “B” (for the “Being” product line) hanging from each bottle’s neck by a black cord. Product OV-200861a is said to contain is “Pear Flavored Vinegar” which is a pale yellow liquid described as distilled white vinegar, with an acetic acid content of 6 percent, artificial flavor, and caramel and other colors. Product OV-200861b is stated to be “Strawberry Flavored Vinegar” which is a red liquid described as distilled white vinegar, with an acetic acid content of 6 percent, red wine vinegar, artificial flavor, and caramel color. Product OV-200861c is described as “Apple Flavored Vinegar” which is a yellow liquid described as distilled white vinegar, with an acetic acid content of 6 percent, red wine vinegar, artificial flavor, and caramel color

For classification purposes Product OV-201063, Product OV-200377, and Product OV-200150 are considered as sets. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-201007, 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.

The applicable subheading for Product OV-200861a, Product OV-200861b, and Product OV-200861c 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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