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NY F89616




August 4, 2000

CLA-2-7:RR:NC:2:228 F89616

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.6500, 0904.11.0020, 0904.20.2000, 0904.20.6090, 0906.10.0000, 0910.40.4000, 0910.99.4000, 2103.90.8000, 2209.00.0000, 2501.00.0000, 7323.99.9060

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 East 2nd Street
Long Beach, CA 90803

RE: The tariff classification of flavored oil, vinegar, parsley flakes, salt, and spices from China.

Dear Mr. Harper:

In your letter dated July 14, 2000 you requested a tariff classification ruling.

Samples, ingredients breakdowns and illustrative literature accompanied your letter. The samples submitted with your letter were examined and disposed of. Item no. SP200919 is comprised of parsley flakes, black peppercorns, paprika, chili flakes, cinnamon sticks, bay leaves, oregano flakes, and coarse salt, in individual glass bottles measuring 4 inches tall. A metal wire rack with a wood handle holds four bottles in the top row and four bottles in the bottom row. Item no. OVG200773 is Balsamic Vinegar in a glass bottle measuring 11 inches tall. Item no. OVG200774 is Olive Oil with Garlic and Bay leaves in a bottle measuring 11 inches tall. Item no. OVG200759 consists of olive oil and red wine vinegar in glass bottles measuring 11 inches tall, put up together in a wood box with two compartments. Item no. OVG200724 is olive oil with garlic, bay leaves and chili peppers in a glass bottle measuring approximately 13 inches tall, put up in a wood package secured with a string.

The products are assembled in and exported from China. The parsley is a product of Israel, the oregano is from Turkey, the cinnamon sticks are from Indonesia, the paprika is from Spain, and all other spices are from China. The wire rack is made in China. The balsamic vinegar is a product of Italy. The olive oil with garlic and bay leaves is a product of China. The red wine vinegar is a product of the United States. And the olive oil with the bay leaves, garlic and chili peppers is a product of China.

The applicable subheading for parsley flakes in item no. SP200919 will be 0712.90.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetablesfennel, marjoram, parsley, savory and tarragonother parsley. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for the black pepper in item no. SP200919 will be 0904.00.0020, HTS, which provides for pepper of the genus Piper, neither crushed nor groundblack. The rate of duty will be free.

The applicable subheading for the paprika in item no. SP200919 will be 0904.20.2000, HTS, which provides for dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)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 the chili flakes in item no. SP200919 will be 0904.20.6090, HTS, which provides dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)of the genus Capsicum (including cayenne pepper, paprika and red pepper)othernot groundother. The rate of duty will be 2.5 cents per kilogram. The applicable subheading for the cinnamon sticks in item no. SP200919 will be 0906.10.0000, HTS, which provides for cinnamon and cinnamon-tree flowersneither crushed not ground. The rate of duty will be free.

The applicable subheading for the bay leaves in item no. SP200919 will be 0910.40.2000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spicesbay leavescrude or not manufactured. The rate of duty will be free.

The applicable subheading for the oregano flakes in item no. SP200919 will be 0910.99.4000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spicesother origanum (Lippia spp.)other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for item no. OVG200724, Olive Oil with Garlic, Bay leaves and Chili peppers, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings otherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for item no. OVG200759 Olive Oil and Red Wine Vinegar, considered a set for tariff classification purposes, and item no. OVG200773 balsamic vinegar will be 2209.00.0000, 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 the coarse salt in item no. SP200919 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 anti-caking or free-flowing agents, sea water. The rate of duty will be free.

The applicable subheading for the metal rack in item no. SP200919 will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; othernot coated or plated with precious metalotherother. 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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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