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NY H81291





May 25, 2001

CLA-2-07:RR:NC:2:231 H81291

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.6500; 0904.20.6090; 0906.10.0000; 0909.10.0000; 0910.40.2000; 4419.00.8000

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

RE: The tariff classification of spices and dried vegetables, packed in a wooden spice holder, 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-201911, is comprised of 5 spices and dried vegetables. The spices and dried vegetables are packed in 5 glass jars (measuring 4 ¼ inches in height and 1 5/8 inches in width) with metal caps (measuring 1 3/8 inch in height and 1 ¼ inch in diameter). The five glass jars holding the spices and dried vegetables are set in a spice holder of wood. The wooden spice holder measures 13 ¼ inches in length, 2 7/8 inches in width, and 9/16 inch in height. The glass jars and wooden spice holder are wrapped in plastic. The items are described thus:

SPICES:

CINNAMON STICKS
CHILI FLAKES
BAY LEAVES
STAR ANISE

DRIED VEGETABLE:

PARSLEY FLAKES

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 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 wooden spice holders will be 4419.00.8000, HTS, which provides for tableware and kitchenware, of wood, other. 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 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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