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NY F89463




August 2, 2000

CLA-2-22:RR:NC:SP:232 F89463

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.20.4000; 0712.90.8080; 0904.20.6090; 0906.20.0000; 0909.20.0000; 2103.90.8000; 2209.00.0000; 7323.99.9060

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

RE: The tariff classification of Product OV-200114 and Product SP-200118 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-200114, an oil and vinegar, or cruet, set. This consists of a circular metal framework or basket that, in this instance, has three sections and three bars rising to form a handle that is topped with a triangular shape encasing a metallic ball. The rack rests on three ball feet and contains three bottles that are curved in front and back to fill the rounded sections, and are approximately 10 inches tall. The metal encasing them is shaped specifically to accommodate the bottles and to make one retail item that will be imported packaged together. Each bottle has a different decorative metal pendant hanging from a metal loop coiled around the neck of the bottle.

One of the bottles is said to be “rosemary and pignoli infused oil” a yellow liquid that has visible rosemary sprigs and some pine nuts, or pignoli, and black peppercorns floating within. It is stated to be canola oil, rosemary, pine nuts, and black peppercorns.

The second bottle is described as “garlic flavored oil”. This is a golden liquid that has visible minced garlic floating within and which is said to consist of canola oil, garlic, and annatto extract. The third bottle is said to contain “Red Wine Vinegar with Pearl Onions”, a red liquid which is said to be red wine vinegar and has some pearl onions visible

Product SP-200118 is similar to item OV-200114 in that it is an assortment in a metal wire rack with a handle topped by a triangular loop. In this instance, however, the merchandise is comprised of a variety of twelve spices, mixed seasonings/condiments, and dried vegetables displayed in twelve glass bottles that are blister-packed in an octagonal, two tiered rack for retail sale. The metal rack, which has sections that divided it to contain two bottles each, holds four bottles in the central (top) tier and eight bottles around in the bottom tier. Interspersed between the four major segments of the bottom tier are decorative metal “S” shapes with copper-colored leaves at each end. Each glass bottle measures 3 5/8 inches in height (excluding the top) and 1 3/4 inch square at the base, has a shoulder that tapers into a neck that flares slightly to form a lip, and is finished with a cork stopper. The cork of each bottle features a colored plastic decoration of vegetables or flowers on top.

The contents of the bottles are: pepper blend (80 percent white fine salt, 20 percent black pepper powder); mustard seed blend (60 percent mustard seed, 20 percent crushed red pepper, 20 percent minced onion.); curry blend (80 percent fine white salt, 10 percent curry powder, 10 percent fennel seed); coriander seeds (100 percent coriander seeds); ground cinnamon (100 percent ground cinnamon); pepper onion mix (80 percent minced onion, 10 percent whole black pepper, 10 percent crushed red pepper); vegetable mix 1 (50 percent dehydrated green onions, 50 percent dehydrated carrots); vegetable mix 2 (33.3 percent red bell peppers, 33.3 percent green bell peppers, 33.3 percent minced onion); sesame coriander mix (75 percent sesame seed, 25 percent coriander flakes); coriander flakes (100 percent coriander flakes); minced onion (100 percent dehydrated minced onion); crushed red pepper (100 percent crushed red peppers).

For classification purposes Product OV-200114 is considered as a set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-200114, 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 combination of items in Product SP-200118 is not classifiable as a set and therefore each item is classified individually. The applicable subheading for the minced onion will be 0712.20.4000, HTS, which provides for Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: Onions: Other. The rate of duty will be 21.3 percent ad valorem

The applicable subheading for the coriander flakes and for both varieties of mixed vegetables will be 0712.90.8080, HTS, which provides for Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: Other vegetables; mixtures of vegetables: Other vegetables; mixtures of vegetables: Other. The rate of duty will be 8.3 percent ad valorem.

The applicable subheading for the crushed red pepper 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 the ground cinnamon will be 0906.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Cinnamon and cinnamon-tree flowers: Crushed or ground. The rate of duty will be free

The applicable subheading for the coriander seeds will be 0909.20.0000, HTS, which provides for Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries: Seeds of coriander. The rate of duty will be free

The applicable subheading for the pepper blend, the curry blend, the mustard seed blend, the sesame coriander mix, and the pepper onion mix, will be 2103.90.8000, HTS, which provides for Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: Other: Other: Mixed condiments and mixed seasonings: Other. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the metal rack will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles and parts thereof, of iron or steel: Other: Other: Not coated or plated with precious metal: 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 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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