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NY I84226




July 24, 2002

CLA-2-09:RR:NC:2:231 I84226

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.11.0020; 0904.20.2000; 0904.20.6090; 0909.10.0000; 0910.40.2000; 1211.90.9090; 2501.00.0000; 7323.99.9060

Mr. Peter Sarant
Sarant International Commodities, Inc.
P.O. Box 659
Centereach, NY 11720

RE: The tariff classification of spices and rock salt, packed in a metal rack, from China.

Dear Mr. Sarant:

In your letter, dated July 17, 2002, you requested a tariff classification ruling.

The merchandise is comprised of black peppercorns, paprika, chili flakes, star anise, bay leaves, thyme flakes, oregano, rosemary flakes, and rock salt, that are each packed separately in 9 plastic tubes. The plastic tubes measure 6 ½ inches in height and 13/16 inch in diameter at the base and they have metal caps. The 9 plastic tubes are set in a chrome plated, mild steel rack.

In your correspondence you indicate that the product will be assembled in China and that the rack, plastic tubes and all ingredients will be sourced from China, with the exception of the oregano (Turkey), thyme (Spain), and rosemary (Morocco).

The applicable subheading for black peppercorns will be 0904.11.0020, Harmonized Tariff Schedule of the United States (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), pepper of the genus Piper, neither crushed nor ground, black. 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 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 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 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 the bay leaves and the thyme 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 rosemary will be 1211.90.9090, HTS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered, other, other, other, other. The rate of duty will be free.

The applicable subheading for rock 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 metal racks will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel, other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the oregano. Your request for a ruling should include the scientific name of the oregano (the species).

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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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