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NY J89834




November 18, 2003
CLA-2-22:RR:NC:SP:232 J89834

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000; 2209.00.0000; 7323.99.9060

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

RE: The tariff classification of Product OV-204277 from China

Dear Mr. Gat:

In your letter received October 20, 2003, you requested a tariff classification ruling.

You submitted descriptive literature with your request. Mock-up product samples were also included in the submission. As the samples submitted are prototypes, the actual weight of the contents is not specified.

The subject merchandise is Product OV-204277, a retail item that is marketed as a “Provence Oil and Vinegar Set”. This consists of a brown rustic metal stand that holds six assorted globes of oil or vinegar. The stand has a central core, approximately 18 inches high, consisting of a 5 inch diameter pedestal supporting a rod with a small metal ball on the top. To this are attached six metal loops that support the bottles and six Y-shaped rods that hold the bottles’ necks steady. Twined about the whole structure are other, thinner metal wires that end in decorative motifs such as leaves and/or flowers.

The bottles are basically spheres, 3 inches in diameter, and having 2-inch long necks. They contain an assortment of products, one per bottle. The first bottle contains a red liquid that is said to be “Chili Infused Oil”. It is stated to be canola oil, whole dried chilies, and black peppercorns. It has visible whole chilies and black peppercorns floating within.

The second bottle is stated to contain “Lemon Thyme Vinegar”: This is a yellow liquid that, in addition to lemon slices, has visible condiments such as thyme and some green and black olives. It is described as distilled white vinegar, with an acetic acid content of 6 percent, green olives, black olives, thyme, and lemon.

Another bottle contains a red fluid that is described as “Red Wine Vinegar”. This is said to consist of red wine vinegar and pearl onions. The onions are visible at the bottom of the globe. One bottle contains a yellow liquid that is said to be ”Bay Pepper Infused Oil”. It is stated to be canola oil, bay leaves, whole dried chilies, pine nuts and black peppercorns. It does have visible whole chilies, bay leaves, pine nuts and black peppercorns floating within.

The fifth bottle is “Spiced Apricot Infused Vinegar” which is a light yellow liquid described as distilled white vinegar, with an acetic acid content of 6 percent, apricot, rosemary, and whole chili peppers. The sample does indeed contain a whole (de-pitted) apricot, rosemary sprig and one whole dried chili pepper..

The last bottle contains “Strawberry Infused Oil” a pale yellow liquid which is stated to be canola oil, strawberries, lavender, and mustard seeds. All these components are visible in the sample bottle.

The combination of items in Product OV-204277 is not classifiable as a set and therefore each item is classified individually The applicable subheading for the “Chili Infused Oil”, the ”Bay Pepper Infused Oil”, and the “Strawberry Infused Oil” will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Mixed condiments and mixed seasonings: Other: Mixed condiments and mixed seasonings: Other. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the “Lemon Thyme Vinegar”, the “Red Wine Vinegar”, and the “Spiced Apricot Infused Vinegar” will be 2209.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.5 cents per proof liter

The applicable subheading for the metal stand will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles and parts thereof, of iron or steel: Other: Other: Not coated or plated with precious metal: Other: Other. The rate of duty will be 3.4 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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