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NY I81708




May 14, 2002

CLA-2-9:RR:NC:2:228 I81708

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.20.6090, 2103.90.8000, 9612.00.4810

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

RE: The tariff classification of infused oil, chili flakes, and a ceramic serving dish from China.

Dear Mr. Gat:

In your letter dated April 26, 2002, you requested a tariff classification ruling.

A sample and copies of labels were submitted with your letter. Item no. SA-202783 Chili Serving Plate is comprised of one bottle of Red Chili Infused Oil and one package of chili flakes placed in a ceramic serving dish. The Red Chili Infused Oil is composed of whole dried chilis and black peppercorns in canola oil with paprika and chili flavor. The oil is put up in a glass bottle measuring 6-3/4 inches tall and 1-7/8 inches in diameter with a screw top. The chili flakes are in a clear plastic pouch containing 0.034 kilograms, and the ceramic serving plate, in the shape of a chili pepper, measures 10-5/8 inches long. The Chili Serving Plate is assembled in China from chili flakes, black peppercorns, and a serving dish of Chinese origin, and canola oil from Canada.

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 Red Chili Infused Oil will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings otherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the ceramic serving dish will be 6912.00.4810, HTS, which provides for ceramic tableware, other household articles and toilet articles, other than of porcelain or china tableware and kitchenwareotherotherothersuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

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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