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NY I86961




October 30, 2002

CLA-2-17:RR:NC:2:228 I86961

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.5400, 1701.91.5800, 2103.90.8000, 6912.00.4810

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of seasonings from France.

Dear Ms. Buckman:

In your letters dated September 25, 2002, and September 26, 2002, you requested a tariff classification ruling.

Samples submitted with your first letter were examined and disposed of. Item no. 310 Sugar and Cinnamon is a blend of sugar and cinnamon powder. Item no. 312 Sugar and Vanilla is a blend of sugar and vanilla powder. Item no. 331 Herbs Special Fish is a blend of fennel, marjoram, savory, sage, and thyme. Item no. 332 Herbs Special Pizza is a blend of oregano, thyme, marjoram, and basil. Item no. 333 Herbs Special Poultry is a blend of tarragon, rosemary, savory, marjoram, and basil. Item no. 302 and item no. 201 Herbs of Provence is a blend of thyme, basil, savory, fennel, and lavender flowers. Item nos. 310, 312, 331, and 332 will be put up in dome-shaped ceramic shakers measuring 3-1/4 inches tall and 2-1/2 inches at the base, and containing 3.5 ounces or 0.70 ounces, net weight. Item no. 201 will be put up in a ceramic crock with a lid measuring 4-3/4 inches tall and 3-3/4 inches in diameter, and holding 5 ounces, net weight.

The applicable tariff provision for Item no. 310 Sugar and Cinnamon and item no. 312 Sugar and Vanilla, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1701.91.5400 Harmonized Tariff Schedules of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose in solid form: other... containing added flavoring matter whether or not containing added coloring ...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17... described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The general rate of duty will be 6 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the products will be classified in subheading 1701.91.5800, HTS, and dutiable at the general rate of 33.9 cents per kilogram plus 5.1 percent ad valorem. In addition, products classified in subheading 1701.91.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, HTS.

The applicable subheading for the Herbs of Provence, Herbs for Poultry, Herbs for Fish, and Herbs for Pizza will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings...other. The rate of duty will be 6.4 percent ad valorem.

The ceramic crock of item no. 201 will be separately classified, in subheading 6912.00.4810, HTS, which provides for Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware...other...suitable 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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