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NY H81265





May 24, 2001

CLA-2-07:RR:NC:2:231 H81265

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.4040; 0712.90.6500; 0904.11.0020; 0904.20.2000; 0904.20.6090; 0906.10.0000; 0909.10.0000; 0910.40.2000; 0910.99.4000; 2501.00.0000; 7310.29.0050

Mr. Nick Romanelli
Shonfeld’s (USA), Inc.
Logistics Department
57 Romanelli Avenue
South Hackensack, NJ 07606

RE: The tariff classification spices, dried vegetables, and coarse salt, packed in a galvanized, steel box, from China.

Dear Mr. Romanelli:

In your letter, dated May 11, 2001, you requested a classification ruling.

The merchandise, “Shonfeld’s” brand spice collection, item SP-201898, is comprised of 9 spices, dried vegetables, and coarse salt. The spices, dried vegetables and coarse salt are packed in 9 cylindrical, steel cans (measuring 1 5/8 inch in height and 2 3/8 inches in diameter) with steel caps (measuring 1/4 inch in height and 2 3/8 inches in diameter). The 9 steel cans holding the spices, dried vegetables and coarse salt are set in a galvanized, steel box with lid. The steel box measures 7 ½ inches in length, 5 ½ inches in width, and 2 1/2 inches in height. The steel cans and galvanized, steel box are wrapped in plastic and secured by a cord. The items are described thus:

SPICES:

CINNAMON STICKS
CHILI FLAKES
BAY LEAVES
PAPRIKA
OREGANO
STAR ANISE

DRIED VEGETABLES:

PARSLEY FLAKES
MINCED GARLIC

COARSE SALT

The applicable subheading for cinnamon sticks will be 0906.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cinnamon and cinnamon-tree flowers, neither crushed nor ground. The rate of duty will be free.

The applicable subheading for chili flakes will be 0904.20.6090, HTS, which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum (peppers) or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, other. The rate of duty will be 2.5 cents per kilogram.

The applicable subheading for bay leaves will be 0910.40.2000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, thyme; bay leaves, crude or not manufactured. The rate of duty will be free.

The applicable subheading for paprika will be 0904.20.2000, HTS, which provides for pepper of the genus Piper, dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), paprika. The rate of duty will be 3 cents per kilogram.

The applicable subheading for oregano will be 0910.99.4000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other spices, other, origanum (Lippia spp.), other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for star anise will be 0909.10.0000, HTS, which provides for seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries, seeds of anise or badian. The rate of duty will be free.

The applicable subheading for parsley flakes will be 0712.90.6500, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, fennel, marjoram, parsley, savory and tarragon, other, parsley. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for minced garlic will be 0712.90.4040, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, garlic, other. The rate of duty will be 29.8 percent ad valorem.

The applicable subheading for coarse salt will be 2501.00.0000, HTS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents; sea water. The rate of duty will be free.

The applicable subheading for galvanized steel boxes will be 7310.29.0050, HTS, which provides for tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment, of a capacity of less than 50 liters, other, other. The rate of duty will be free.

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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