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NY F89959




August 4, 2000

CLA-2-9:RR:NC:2:228 F89959

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.20.6090, 0910.10.4000, 1517.90.2040, 1902.19.2090, 2103.10.0000, 4419.00.8000,

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

RE: The tariff classification of a Stir Fry Set from China.

Dear Mr. Harper:

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

A sample, ingredients breakdowns and illustrative literature accompanied your letter. The sample was examined and disposed of. Item no. RT200940 Stir Fry Set is comprised of Chili Flakes, Ginger Pieces, Stir Fry Oil (canola oil and sesame oil blend), uncooked Rice Noodles (rice flour and water), Soy Sauce (water, soybean, salt, and flour), chopsticks, and a bamboo tray. The Ginger Pieces, Chili Flakes, and Rice Noodles are put up in clear plastic packages containing 0.5 ounces, net weight. The Soy Sauce and Stir Fry Oil are packed in glass bottles containing 4.7 fluid ounces. The six pairs of wood chopsticks are tied together and held in place by tying to the tray bottom. Each component of the set is classified separately.

The applicable subheading for the Chili Flakes 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 Ginger Pieces will be 0910.10.2000, HTS, which provides for ginger, saffron, tumeric (curcuma), thyme, bay leaves, curry and other spicesgingernot ground. The rate of duty will be free.

The applicable subheading for the Stir Fry Oil will be 1517.90.2020, HTS, which provides for edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516otherartificial mixtures of two or more of the products provided for in headings 1501 to 1515, inclusiveothersalad and cooking oils. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the Rice Noodles will be 1902.19.2090, HTS, which provides for pastauncookedexclusively pastaproduct of a country other than an EU country. The rate of duty will be free.

The applicable subheading for the Soy Sauce will be 2103.10.0000, HTS, which provides for sauces and preparations thereforsoy sauce. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the chopsticks will be 4419.00.8000, HTS, which provides for tableware and kitchenware, of woodother. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the bamboo tray will be 4419.00.8000, HTS, which provides for tableware and kitchenware, of woodother. The rate of duty will be 3.2 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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