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NY H80727




June 7, 2001

CLA-2-22:RR:NC:SP:232 H80727

CATEGORY: CLASSIFICATION

TARIFF NO.: 2209.00.0000

Mr. Brett Ian Harris
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of Oil and Vinegar Sets from China

Dear Mr. Harris:

In your letter dated May 18, 2001, on behalf of Shonfeld’s (USA), Inc., you requested a tariff classification ruling.

You submitted descriptive literature, product photographs, and samples with your request. The subject merchandise is three varieties of oil and vinegar, or cruet, sets. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified.

Product OV-201887 is described as an “Urban” oil and vinegar set. This consists of two 13-inch tall, 1 ½ wide square-sided bottles that are packaged together and banded with cardboard to make one retail item. One bottle contains “Orange Fennel Oil”; a yellow liquid that has visible orange rind and fennel floating within. It is said to consist of canola oil, fennel, and orange rind. The other half of the set is a golden liquid called “Herbed Apricot Vinegar”, which has visible chilies, apricots, and spices. It is described as distilled white vinegar, with an acetic acid content of 6 percent, chili peppers, apricots, thyme, salt, citric acid, colors, and preservatives.

Product OV-201856 is an oil and vinegar set which consists of three 10-½ inch tall, 2-inch diameter bottles. All have leather strips tied around the bottle neck, from which is suspended a small metal ornament. These are packaged together in a metal basket or rack decorated with cut out designs, with a metal handle for ease of transport. There is also a horizontal bar that supports the bottles at the neck. One bottle is a yellow liquid called “Herbed Chili Vinegar”, which has visible chilies, rosemary, and spices. It is stated to consist of distilled white vinegar, with an acetic acid content of 6 percent, chili peppers, rosemary, salt, citric acid, and preservatives. The second bottle is a yellow liquid called “Herbed Citrus Olive Vinegar”, which has visible lemon slices, olives, and spices floating within. It is said to contain distilled white vinegar, with an acetic acid content of 6 percent, lemon, green olives, black olives, thyme, salt, citric acid, and preservatives. The third bottle is a yellow liquid that is said to contain “Sweet Chili Oil”. This is described as canola oil, sweet potatoes, and dehydrated chili peppers.

The third of these items, Product OV-201831 is a cruet set that consists of two 6-inch tall nesting hemispherical glass bottles. These are packaged together and tied with black cord to make one retail item. One bottle contains “Spiced Chili Oil”; a red liquid that has visible chilies and spices floating within. It is said to consist of canola oil, black peppercorns, dehydrated chili peppers, paprika oleoresin, and flavor. The other half of the set is a yellow liquid called “Spiced Rosemary Vinegar”, which has visible condiments such as a few rosemary sprigs and some mustard seeds. It is described as distilled white vinegar, with an acetic acid content of 6 percent, mustard seeds, rosemary, and balsamic vinegar.

For classification purposes these three items are considered as sets. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-201887, Product OV-201856, and Product OV-201831, oil and vinegar sets, 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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