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NY J87524

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August 14, 2003

CLA-2-7:RR:NC:2:228 J87524

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.20.4000, 0712.90.6500, 0712.90.8580, 0904.20.2000, 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 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. The sample of item no. SP-204291 Slim Spice Rack with Classic Oil, is comprised of one bottle each of onion flakes, parsley, vegetable mix (green onion flakes and carrot flakes), curry mix, oregano flakes, paprika, and canola oil infused with rosemary, black peppercorns and pine nuts. The spices and vegetables are put up in bottles measuring 9-1/4 inches tall, and 1-1/2” at the base. The bottle of infused oil measures 8-1/2 inches tall and contains 250- milliliters. The bottles are placed in a steel wire rack with a handle. The illustrative literature and the ingredients breakdown you provided differ from the sample.

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 prepared mixtures of vegetablesother. The rate of duty will be 8.3 percent ad valorem.

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 the Canola Oil Infused with Rosemary, Black Peppercorn and Pine Nut Infused Oil will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings otherotherother. 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 remaining items in this set. The sample you submitted does not correspond to the illustration and ingredients breakdown you provided. The sample contains a “curry mix,” and the literature states the product contains “chili flake,” not found in the sample. Please verify the actual composition of item SP-204291. If curry mix is part of this set, provide an ingredients breakdown, by weight. If chili flakes are part of the set, provide a sample. For the oregano, provide the botanical name (i.e. genus, species). .
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.: 0904.20.20 - Paprika, dried or crushed or 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