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NY J80102




January 27, 2003

CLA-2-09:RR:NC:2:231 J80102

CATEGORY: CLASSIFICATION

TARIFF NO.: 0910.91.0000; 7013.99.5000

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue NW
Grand Rapids, MI 49504

RE: The tariff classification of spice art products from China.

Dear Ms. Young:

In your letter, dated December 13, 2002, you requested a tariff classification ruling on behalf of your client, Meijer Distribution, Inc., Grand Rapids, MI.

The submitted sample, item 918627, is a large, decorative, reusable, prism shaped bottle that contains specific vegetable products. The bottle is a transparent, glass jar that has been formed with precise angles and plane faces, so that it is in the shape of a triangular prism. The bottle measures 13 inches in height and the base is an equilateral triangle whose altitude is 3 3/8 inches. The bottle is not of a kind normally used for packing such goods, and is clearly suitable for decorative use. Your breakdown lists the value of the empty bottle as $0.31. The ingredients are black pepper, fennel seeds, dried chili pieces, star aniseed, and, and dried, small chili. These seeds and spices are in layers inside the bottle. The gross weight is 10 kilograms per carton. There are six pieces in each carton. You describe the article as a spice art product that is commercially designed to be used for display purposes.

The applicable subheading for the vegetable products will be 0910.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other spices, mixtures referred to in note 1(b) to chapter 9. The rate of duty will be 1.9 percent ad valorem.

The applicable subheading for the bottle will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018), other glassware, other, other, other, valued over $0.30 but not over $3 each. The rate of duty will be 30 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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