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NY G80616





August 29, 2000

CLA-2-22:RR:NC:SP:232 G80616

CATEGORY: CLASSIFICATION

TARIFF NO.: 2209.00.0000

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

RE: The tariff classification of Product OV-200924 from China

Dear Mr. Harper

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

You submitted descriptive literature, product photographs and specifications, and a sample with your request. As the sample appears to be a prototype, the actual weight of the contents of each item is not specified.

The merchandise in question is Product OV-200924, an oil and vinegar, or cruet, set:: a retail unit which consists of three small (6 inch tall, 1 ½ inch diameter) bottles. These are packaged together in a matte-finished base-metal mesh basket or rack which features a 9 inch tall tubular metal handle with a wooden dowel grip for ease of transport. There is also a horizontal bar attached to the handle which supports the bottles and to which the bottles are tied at the neck with twine, as well as bars dividing the basket into separate sections to keep the bottles apart.

One bottle contains a yellow liquid which is stated to be extra virgin olive oil. Another bottle contains a dark red fluid which is described as red wine vinegar. The third bottle is “Apple Flavored Vinegar” which is a yellow liquid described as distilled white vinegar, with an acetic acid content of 6 percent, red wine vinegar, artificial flavor, and caramel color.

For classification purposes this item is considered as a set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-200924, 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.

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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