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NY F89620




July 27, 2000

CLA-2-07:RR:NC:2:231 F89620

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.4040; 0712.90.6500; 0904.11.0020; 0904.20.6090; 0906.10.0000; 0910.40.2000; 0910.99.4000; 1905.30.0049; 2209.00.0000; 2501.00.0000; 7013.39.2000; 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, rosemary pine nut oil, chili, pearl onion and thyme infused vinegar, and white wine vinegar, packed in metal racks, and cookies packed in glass jars and metal tins from China.

Dear Mr. Harper:

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

The merchandise is described thus:

Item SP-200772 is comprised of 5 spices and dried vegetables. The spices and dried vegetables are packed in 5 glass jars (measuring 4 ¼ inches in height and 1 ½ 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 and dried vegetables are set in a metal rack. Raffia secures the jars to the rack. The items are described thus:

SPICES:

CHILI FLAKES
OREGANO
BAY LEAVES.

DRIED VEGETABLES:

MINCED GARLIC e. PARSLEY

Item OV-200770 is comprised of 3 bottles of “Rosemary and Pignoli Infused Oil,” “Chili, Pearl Onion and Thyme Infused Vinegar,” and “White Wine Vinegar.” The 3 glass bottles (measuring 7 ½ inches in height and 1 5/8 inch in diameter at the base) are set in a metal rack. Raffia secures the bottles to the rack.

For classification purposes item OV-200770 is considered a set.

Item CK-200813 is comprised of 16 and wrapped “Biscotti” (cookies) packed in a reusable, glass cookie jar. The ingredients are wheat flour, sugar, almonds, egg yolks, eggs, pasteurized whole milk, vegetable shortening, baking powder (acid sodium pyrophosphate, sodium bicarbonate, starch), butter, honey, natural and artificial flavoring, and salt. The net weight is 3.8 ounces. Eight cookies are wrapped in red tissue paper and eight are wrapped in striped tissue paper; all are tied with curling ribbon. The reusable, glass cookie jar measures 8 ¾ inches in height and 3 ¾ inches at the base. The country of origin of the cookies and the glass jar is Italy

Item SP-200911 is comprised of 6 spices, dried vegetables, and coarse salt. The 6 spices, dried vegetables and coarse salt are packed in cylindrical glass tubes (measuring 6 ¾ inches in height and 7/8 inch in diameter) with metal caps (measuring 3/8 inch in height and 7/8 inch in diameter). The six glass tubes are set in a metal rack. A polyvinyl chloride (PVC) strip and adhesive tape secure the glass tubes to the rack. The items are described thus:

SPICES:

CHILI FLAKES
BAY LEAVES
BLACK PEPPER
CINNAMON STICKS

DRIED VEGETABLE:

PARSLEY

COARSE SALT

5. Item CK-201004 is comprised of 20 hand wrapped, Danish butter cookies packed in a circular, metal tin. The ingredients are wheat flour, sugar, butter, eggs, coconut, salt, and natural vanilla flavoring. The net weight is 5.6 ounces. Ten cookies are wrapped in red tissue paper and ten are wrapped in striped tissue; all are tied with curling ribbon. The tin measures 12 inches in diameter and 1 5/8 inch in height. The country of origin of the cookies is Denmark.

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 crushed or ground. The rate of duty will be free.

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 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 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 oregano 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 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 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 item CK-201004, cookies in tins, and item CK-200813, the cookies only, will be 1905.30.0049, HTS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty capsules of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products, sweet biscuits; waffles and wafers, other, other. The rate of duty will be free.

The applicable subheading for item CK-200813, the glass jars only, will be 7013.39.2000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018), glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics, other, other, valued not over $3 each. The rate of duty will be 25.5 percent ad valorem.

The applicable subheading for item OV-200770 (“Rosemary and Pignoli Infused Oil,” “Chili, Pearl Onion and Thyme Infused Vinegar,” and “White Wine 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 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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