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NY I81021

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June 3, 2002

CLA-2-7:RR:NC:2:228 I81021

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.20.4000, 0712.90.6500, 0712.90.8580, 0904.20.6090, 2106.90.9973, 2501.00.0000, 7323.99.9060, 9801.00.1097

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of margarita mix, salt, and a spice set from China.

Dear Mr. Gat:

In your letter dated April 30, 2002, you requested a tariff classification ruling.

Samples and descriptive literature for two items were submitted with your letter. The samples were examined and disposed of. Item no. SA-202432, Margarita Mix Set, is comprised of a bottle of margarita mix and bottle of colored salt. The Margarita Mix consists of high fructose corn syrup, water, citric acid, natural and artificial flavor, sucrose acetate, and color. The bottles each measure 13-1/2 inches tall and contain 0.5 kilogram, net weight. Instructions on the label direct the consumer to combine the margarita mix with Tequila, add ice, shake, strain, and pour into a salted glass. Item no. SP-203236 the Provence Spice Set, consists of a metal holder with one bottle each of parsley, chili pepper, onion flakes, and a dried vegetable mix (carrot flakes and dried onion flakes). Each bottle is round with a cork stopper displaying a colored plastic representation of the spice contained within the bottle.

The margarita mix is a product of the United States and the colored salt is from China. The chili pepper, onion flakes, and vegetable mix components of the spice set are products of China. The parsley is a product of the United States. The Margarita Mix Set and the Provence Spice Set are assembled in China.

The applicable subheading for the onion flakes will be 0712.20.4000, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, onions, other. The rate of duty will be 21.3 percent ad valorem.

The applicable subheading for the vegetable mix will be 0712.90.8580, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared mixtures of vegetablesother. The rate of duty will be 8.3 percent ad valorem.

The applicable subheading for the 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 vegetablesfennel, marjoram, parsley, savory and tarragonother, parsley. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for the chili flakes will be 0904.20.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for pepper of the genus Piper; dried 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 groundof the genus Capsicum (including cayenne pepper paprika and red pepper)othernot groundother. The rate of duty will be 2.5 cents per kilogram percent ad valorem.

The applicable subheading for the Margarita Mix will be 2106.90.9973, HTS, which provides for food preparations not elsewhere specified or includedotherotherpreparations for the manufacture of beveragesother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the 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. The rate of duty will be free.

The applicable subheading for the metal spice rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother otherotherother. The rate of duty will be 3.4 percent ad valorem.

The Margarita Mix and parsley, being products of the United States, may be eligible for entry as American Goods Returned. If the documentary requirements of 19 C.F.R. §10.1 are satisfied, the applicable subheading for these items will be 9801.00.1097, HTS, which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad...other...other. Products classified in subheading 9801.00.1097 are free of duty.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 0712.20.40 - Dried onions whole, cut, sliced or broken, but not further prepared
• Tariff No.: 0712.90.65 - Dried parsley nesi, whole, cut, sliced, broken or in powder, but not further prepared
• Tariff No.: 0712.90.85 - Dried vegetables nesoi, and mixtures of dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared
• Tariff No.: 0904.20.60 - Fruits of the genus Capsicum, other than paprika or anaheim and ancho pepper, not ground
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen
• Tariff No.: 2501.00.00 - Salt & pure sodium chloride, whether or not in aqueous solution or cont. added anticaking or free-flowing agents; sea water
• Tariff No.: 7323.99.90 - Iron (o/th cast)/steel (o/th tinplate or stainless), table, kitchen (o/th cooking.) or o/household arts & part, n/coated/plated w/prec.metal
• Tariff No.: 9801.00.10 - U.S. goods returned without having been advanced in value or improved in condition while abroad