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NY H81104




June 13, 2001

CLA-2-22:RR:NC:SP:232 H81104

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 Flavored Vinegars from China

Dear Mr. Harris:

In your letter dated May 17, 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 bottles of flavored vinegar. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified.

The first item is Product OV-201885, a10-inch tall, 2-inch diameter frosted bottle containing a dark amber liquid called “Spiced Lemon Grass Vinegar”. This slender bottle rests in a 3-inch high base of bamboo, and there is also a small woven mat of bamboo tied around the 3-inch long bottle neck. The product has some peppercorns and chili slices murkily visible in the fluid. It is described as distilled white vinegar, with an acetic acid content of 6 percent, black peppercorns, chili peppers, lemon grass, salt, citric acid, and preservatives.

The second item is Product FV-201914, a rosy liquid called “Citrus Garden Vinegar”, which has visible apricots, strung cranberries, and rosemary floating within. This bottle is 12½ inches tall, 2½ inches wide and 1¾ inches deep. The bottle is slightly
twisted along its height, giving it an unusual appearance. It is said to contain distilled white vinegar, with an acetic acid content of 6 percent, cranberries, apricots, rosemary, salt, citric acid, colors, and preservatives.

The last item is Product OV-201843, another distinctively shaped bottle, containing a bright golden liquid called “Herbed Apricot Vinegar”. The bottle is 2½ inches square near the top, and tapers to 1¼ inches resting on a flat, protruding, 2½ inch square base. There are two metal ornaments tied on with cord and dangling from the neck. The liquid has visible chilies, apricots, and spices. It is described as distilled white vinegar, with an acetic acid content of 6 percent, apricots, chili peppers, thyme, salt, citric acid, colors, and preservatives.

The applicable subheading for the “Spiced Lemon Grass Vinegar”, the “Citrus Garden Vinegar”, and the “Herbed Apricot Vinegar” 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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