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NY F89835




July 25, 2000

CLA-2-15:RR:NC:2:231 F89835

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 1509.10.2000; 2103.90.8000; 7615.19.5000

Ms. Jerina Allaudeen
International Trade Logistics, Inc.
2525 Brunswick Avenue, Suite 200
Linden, NJ 07036

RE: The tariff classification and marking of olive oil, paella seasoning, and an aluminum frying pan from Spain.

Dear Ms. Allaudeen:

In your letter, dated July 13, 2000, you requested a classification and marking ruling on behalf of your client, Iberia Foods, Teterboro, NJ.

The submitted sample is a paella set consisting of a pan, rice, paella seasoning, and olive oil. All components will be imported from Spain. The pan is reusable; all other ingredients are for one-time use. The components of the set are individually wrapped and the entire set is imported and packed in the pan with cardboard and cellophane wrapping. The outer label of the pan is marked with the manufacturer’s name and address. The articles contained in the set are described thus:

Paella pan: cast aluminum cookware with enameling. Rice: short grain rice, not boiled, in cardboard box, 12 ounces, net. Seasoning: dried spices used for paella broth, in plastic pack, 45 grams net. The ingredients are salt, flavor enhancer (E-621), yeast extract, fish meal, prawn meal, hydrogenated vegetable fat, onion, tomato, paprika, garlic, maize starch, coloring (E-102), pepper, saffron, and antioxidants (E-304 and E-307). Olive oil: virgin olive oil in 30 milliliter plastic bottle

The applicable subheading for olive oil will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for olive oil and its fractions, whether or not refined, but not chemically modified, virgin, weighing with the immediate container under 18 kilograms. The rate of duty will be 5 cents per kilogram on contents and container.

The applicable subheading for paella seasoning 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 aluminum frying pans will be 7615.19.5000, HTS, which provides for table, kitchen or other household articles and parts thereof, of aluminum; pot scourers and scouring or polishing pads, gloves and the like, of aluminum; sanitary ware and parts thereof, of aluminum, table, kitchen or other household articles and parts thereof; pot scourers and scouring or polishing pads, gloves and the like, other, cooking and kitchen ware, not enameled or glazed and not containing nonstick interior finishes, cast. The rate of duty will be 3.1 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the rice. Your request for a classification ruling should include the following:

Has the rice been parboiled?
Please provide a detailed description of the processing used to prepare the rice.

In your request you also inquire as to country of origin marking requirements for the pan and its contents (paella ingredients).

We note that the rice and seasonings are marked on their individual containers, but that the olive oil and paella pan are not marked.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations [19 CFR 134.41(b)], the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations [19 CFR 134.41(a)], provides that, as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. Section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

In your inquiry you state that all four components will be overwrapped with clear plastic and sold as a unit to the retail consumer. If all of the components in the unit (rice, seasoning, olive oil, and paella pan) are products of Spain, then it is sufficient that the retail unit be clearly, conspicuously, indelibly, and permanently marked as a “Product of Spain.” If not, then the unit should indicate the country of origin of each item contained therein.

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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