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NY R01442




February 17, 2005

CLA-2-9:RR:NC:2:228 R01442

CATEGORY: CLASSIFICATION

TARIFF NO.: 0907.00.0000; 2106.90.9998

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

RE: The tariff classification of cloves and mulling spices from Ireland

Dear Ms. Hipwell:

In your letter dated February 9, 2005, on behalf of The Organic Herb Company, you requested a tariff classification ruling.

Descriptive literature accompanied your letter. Organic Whole Cloves consists of whole cloves put up for retail sale in a glass jar containing 55 grams, net weight. Organic Mulled Wine Sachets are muslin cloth sachets filled with dried cinnamon, ginger, mace, bay leaf, hibiscus, rosehips, cloves, juniper berries, and cardamom pods. The sachets are wrapped in plastic and packed for retail sale in a cardboard box containing two sachets.

The applicable subheading for the Organic Whole Cloves will be 0907.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cloves (whole fruit, cloves and stems). The rate of duty will be free.

The applicable subheading for the Organic Mulled Wine Sachets will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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