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NY J87516

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August 8, 2003

CLA-2-7:RR:NC:2:228 J87516

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.20.4000, 0712.90.6500, 0712.90.8580, 0904.20.6090, 2103.90.8000, 7323.99.9060

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

RE: The tariff classification of a spice and vegetable set from China.

Dear Mr. Gat:

In your letter dated July 15, 2003, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your letter. The samples were examined and disposed of. Item no. SP-204966 Eight Disk Bottles Spice Rack, is comprised of one bottle each of onion flakes, parsley, vegetable mix (green onion flakes and carrot flakes), chili flakes, curry mix (salt, curry powder, and fennel seed), oregano flakes, coriander sesame mix (coriander flakes and sesame seed), and onion spice mix (mustard seed, dry minced onion, and chili flakes). The spices and vegetables are put up in flat round bottles measuring 5” by 3-1/2” by 1-1/2”. The bottles are placed in a steel wire rack with a handle.

The applicable subheading for the onion flakes will be 0712.20.4000, Harmonized Tariff Schedule of the United States (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 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 vegetable mix will be 0712.90.8580, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further preparedmixtures of vegetablesother. The rate of duty will be 8.3 percent ad valorem.

The applicable subheading for the chili flakes will be 0904.20.6090, 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 onion spice mix and the curry mix, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the steel wire 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.

Your inquiry does not provide enough information for us to issue a classification ruling on the oregano flakes or the coriander sesame mix. Your request for a classification ruling should include the additional information indicated below:

1. The botanical name (i.e. genus, species) of the oregano. 2. Description of the manufacturing process of the coriander sesame mix. Specifically, are the sesame seeds toasted?

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.: 2103.90.80 - Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21
• 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