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NY K88646





September 9, 2004
CLA-2-21:RR:NC:2:228 K88646

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000, 6912.00.4810, 8215.99.5000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of flavored oil, a ceramic dish, seasoning, and a knife from China.

Dear Mr. Gat:

In your letter dated August 3, 2004, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with your letter. The samples were examined and disposed of. Item no. DM-208089B is comprised of a bottle of chili infused oil, a packet of seasoning, a small knife, and a ceramic dish. The Red Chili Infused Oil put up in a bottle measuring 6-3/4 inches by 1-3/4 inches, is composed of whole green chilies loosely packed in canola oil. The seasoning is a blend of red pepper flakes and dried rosemary. The small knife measures 4-1/2 inches long, has a steel blade and a chili-shaped handle made of resin. The dish is a chili-shaped, ceramic (non-porcelain) serving dish measuring 8 inches long, 3 inches wide, and 1 inch deep.

The applicable tariff provision for the infused oil and the red pepper flakes and dried rosemary mix will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsotherother other. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the ceramic (non-porcelain) serving dish will be 6912.00.4810, HTS, which provides for other ceramic tableware, kitchenwareother than of porcelain or chinaothersuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the small knife with resin handle will be 8215.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof, other, other, other (including parts). The rate of duty will be 5.3 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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