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NY J87519




October 16, 2003

CLA-2-20:RR:NC:2:228 J87519

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.3800, 2103.90.8000, 6912.00.4810

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

RE: The tariff classification of a bread dipping sets from China.

Dear Mr. Gat:

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

Samples and illustrative literature were submitted with your letter. Two of the samples were forwarded to the Customs laboratory for analysis. The third sample was examined and disposed of. The samples are bread dipping sets containing a bottle of flavored vinegar or oil measuring 7 inches by 1-1/2 inches, a packet of seasoning, and a ceramic dish. The dish is a chili-shaped, ceramic (non-porcelain) serving dish measuring 5 inches wide and 1 inch deep. Item no. RT-204134A contains of a bottle of red chili peppers and onion in canola oil, and a mix of dried chili and onion flakes. Item no. RT-204134B contains a bottle of orange and red chili slices in a liquid medium and a mix of onion and rosemary. Item no. RT-204134C contains a bottle of red, green, and orange chilis in a liquid medium, and a mix dried chili and rosemary. Laboratory analysis found the bottle of orange and red chilis contained 5.55 percent acetic acid. The bottle of red, green, and orange chilis contained 5.75 percent acetic acid.

The applicable subheading for the bottle of chili peppers in item nos. RT-204134B and RT-204134C will be 2001.90.3800, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid otherothervegetablesother. The rate of duty will be 9.6 percent ad valorem.

The applicable tariff provision for the flavored oil and the chili and onion mix contained in item no. RT-204134A, the onion-rosemary blend contained in item no. RT-204134B, and the chili-rosemary mix in item no. RT-204134C, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings otherother other. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the ceramic (non-porcelain) serving dishes will be 6912.00.4810, HTS, which provides for other ceramic tableware, kitchenware other than of porcelain or chinaother, 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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