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NY M83880




June 28, 2006

CLA-2-21:RR:NC:2:228 M83880

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000, 2103.90.9091, 7323.99.9060, 7615.19.7060

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

RE: The tariff classification of a bottle of marinade, two metal shakers containing seasoning, and a metal rack from China.

Dear Mr. Gat:

In your letters dated April 12, 2006, and May 8, 2006, you requested a tariff classification ruling.

A sample and pictorial literature were submitted with your first letter. Ingredients breakdowns accompanied your second letter. The sample was examined and disposed of. Item no. BBQ-218995 is comprised of a 250 ml bottle of BBQ Marinade sauce, two small metal shakers containing BBQ Shake, and a metal rack. The BBQ Shake seasoning is a dry mix consisting of 30 percent salt, 30 percent sugar, 20 percent paprika, 10 percent red chili flake, 5 percent black pepper corn, 5 percent mustard seed, and less than one percent coloring, put up in a metalized pouch. The pouch containing seasoning is placed into an aluminum shaker measuring 3 inches tall, 2-1/2 inches in diameter, with a perforated lift-off cap, and an aluminum handle. The BBQ Marinade is a thick liquid consisting of 57.2 percent water, 18 percent tomato paste, 7.4 percent white distilled vinegar, 3 percent corn starch, 3 percent dextrose, 2.8 percent sugar, 2.5 percent salt, 2.4 percent canola oil, 1.75percent spices, and less than one percent each of caramel color, mustard paste, xanthan gum, citric acid, soy sauce, and smoke flavor. The marinade is put up in a 250-ml bottle measuring 9 inches tall. The bottle of marinade and two filled shakers are contained in a steel wire rack.

The applicable tariff provision for the BBQ Shake seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), 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 BBQ Marinade will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefor otherotherother. The rate of duty will be 6.4 percent.

The applicable subheading for the rack will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother othernot coated or plated with precious metalotherother other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the aluminum shakers will be 7615.19.7060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of aluminumothercooking and kitchenwarenot enameled or glazed and not containing nonstick interior finishesotherother. The general rate of duty will be 3.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 telephone number (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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