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NY R01441




February 22, 2005

CLA-2-12:RR:NC:2:238 R01441

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.9050; 1211.90.9090; 0910.40.3000; 2103.90.8000

Ms. Emma Hipwell
O’Carroll’s Irish Epicurean Trading Ltd. Blainroe Upper
Wicklow
Co. Wicklow, Ireland

RE: The tariff classification of Organic Irish Garden Herbs from Ireland

Dear Ms. Hipwell:

In your letter dated February 9, 2005, you requested a tariff classification ruling.

The subject product, Organic Irish Garden Herbs, consists of four globe-shaped glass jars, with aluminum lids, set in a cardboard box with a cardboard lid. The first jar, labeled “Organic Sage,” contains 100% organic dried sage. The second jar, labeled “Organic Rosemary Leaf,” contains 100% organic dried rosemary. The third jar, labeled “Organic Thyme,” contains 100% organic dried thyme. The fourth jar, labeled “Organic Irish Garden Herbs,” contains a mixture of organic dried rosemary, thyme, basil and chives.

The applicable subheading for the dried sage will be 1211.90.9050, Harmonized Tariff of the United States (HTS), which provides for “Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Sage.” The rate of duty will be free.

The applicable subheading for the dried rosemary will be 1211.90.9090, HTS, which provides for “Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for the dried thyme will be 0910.40.3000, HTS, which provides for “Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices: Thyme; bay leaves: Other: Thyme.” The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for the mixture containing dried rosemary, thyme, basil and chives will be 2103.90.8000, HTS, which provides for “Mixed condiments and mixed seasonings: Other.” The rate of duty will be 6.4 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration (FDA). You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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