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NY F86912




May 17, 2000

CLA-2-07:RR:NC:2:231 F86912

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.4040; 0712.90.6500; 0904.11.0020; 0904.20.2000; 0904.20.6090; 0906.10.0000; 0909.10.0000; 0910.40.2000; 0910.40.3000; 0910.99.4000; 1211.90.8090; 2501.00.0000; 7323.99.9060

Mr. Justin Harper
Shonfeld’s (USA), Inc.
57 Romanelli Avenue
South Hackensack, NJ 07606

RE: The tariff classification spices, dried vegetables, and coarse salt, packed in metal racks, from China.

Dear Mr. Harper:

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

The merchandise is described thus:

“Shonfeld’s” brand, “Being” (item SP-200101), is comprised of 8 spices, dried vegetables, and coarse salt. The spices, dried vegetables and coarse salt are packed in 8 glass jars (measuring 4 inches in height and 1 5/8 inch in width) with metal caps (measuring 3/8 inch in height and 1 ¼ inch in diameter). The eight glass jars holding the spices, dried vegetables and coarse salt are set in two tiers in a metal rack. The items are described thus:

SPICES:

CINNAMON STICKS
CHILI FLAKES
BLACK PEPPER
BAY LEAVES
PAPRIKA
OREGANO FLAKES

DRIED VEGETABLE:

PARSLEY

COARSE SALT

“Shonfeld’s” brand, “Being” (item SP-200143, is comprised of 5 spices, dried vegetables, and coarse salt. The spices, dried vegetables and coarse salt are packed in 5 glass jars (measuring 4 inches in height and 1 5/8 inch in width) with metal caps (measuring 3/8 inch in height and 1 ¼ inch in diameter). The five glass jars holding the spices, dried vegetables and coarse salt are set in a metal rack. The jars are secured to the rack with cord. The items are described thus:

SPICES:

CHILI FLAKES
BLACK PEPPER
BAY LEAVES

DRIED VEGETABLE:

PARSLEY

COARSE SALT

“Shonnfeld’s brand, “Being” (item SP-201021), is comprised of coarse salt and black pepper. The coarse salt and black pepper are packed in 2 glass jars (measuring 5 inches in height and 2 3/8 inches in width) with metal caps (measuring 3/8 inch in height and 1 3/8 inch in diameter). The two glass jars holding the coarse salt and black pepper are set in a metal rack. The jars are secured to the rack with cord. The items are described thus:

SPICE:

BLACK PEPPER
b. COARSE SALT

“Shonfeld’s” brand, “Being” (item SP-200570), is comprised of 12 spices, dried vegetables, and coarse salt. The spices, dried vegetables and coarse salt are packed in 12 glass tubes (measuring 7 inches in height and 13/16 inch in diameter) with metal caps (measuring 3/8 inch in height and 7/8 inch in diameter). The twelve glass tubes holding the spices, dried vegetables and coarse salt are arranged in two tiers in a metal rack. The items are described thus:

SPICES:

CINNAMON STICKS
CHILI FLAKES
BLACK PEPPER
BAY LEAVES
PAPRIKA
OREGANO FLAKES
STAR ANISE
ROSEMARY
THYME FLAKES

DRIED VEGETABLES:

PARSLEY
MINCED GARLIC

COARSE SALT

“Shonfeld’s” brand, “Being” (item SP-200403), is comprised of 8 spices, dried vegetables, and coarse salt. The spices, dried vegetables and coarse salt are packed in 8 glass jars (measuring 4 inches in height and 1 5/8 inch in width) with metal caps (measuring 3/8 inch in height and 1 ¼ inch in diameter). The eight glass jars holding the spices, dried vegetables and coarse salt are set in a metal rack. The jars are secured to the rack with a polyvinyl chloride (PVC) top. The items are described thus:

SPICES:

CINNAMON STICKS
CHILI FLAKES
BLACK PEPPER
BAY LEAVES
PAPRIKA
OREGANO LEAVES

DRIED VEGETABLE:

PARSLEY
h. COARSE SALT

The applicable subheading for cinnamon sticks will be 0906.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cinnamon and cinnamon-tree flowers, neither crushed nor ground. The rate of duty will be free.

The applicable subheading for chili flakes will be 0904.20.6090, HTS, which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum (peppers) or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, other. The rate of duty will be 2.5 cents per kilogram.

The applicable subheading for black pepper will be 0904.11.0020, HTS, which provides for pepper of the genus Piper, dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), pepper of the genus Piper, neither crushed nor ground, black. The rate of duty will be free.

The applicable subheading for bay leaves will be 0910.40.2000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, thyme; bay leaves, crude or not manufactured. The rate of duty will be free.

The applicable subheading for paprika will be 0904.20.2000, HTS, which provides for pepper of the genus Piper, dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), paprika. The rate of duty will be 3 cents per kilogram.

The applicable subheading for oregano flakes will be 0910.99.4000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other spices, other, origanum (Lippia spp.), other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for star anise will be 0909.10.0000, HTS, which provides for seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries, seeds of anise or badian. The rate of duty will be free.

The applicable subheading for rosemary will be 1211.90.8090, HTS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticides, fungicides or similar purposes, fresh or dried, whether or not cut, crushed or powdered, other, other, other, other. The rate of duty will be free.

The applicable subheading for thyme flakes will be 0910.40.3000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, thyme; bay leaves, other, thyme. The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for parsley will be 0712.90.6500, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, fennel, marjoram, parsley, savory and tarragon, other, parsley. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for minced garlic will be 0712.90.4040, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, garlic, other. The rate of duty will be 29.8 percent ad valorem.

The applicable subheading for coarse salt will be 2501.00.0000, HTS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents; sea water. The rate of duty will be free.

The applicable subheading for metal racks will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel, other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,

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