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NY N003150




December 8, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000, 2103.90.9091, 9603.90.8050

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

RE: The tariff classification of BBQ sauce, seasoning, and a brush from China.

Dear Mr. Gat:

In your letter dated October 26, 2006, you requested a tariff classification ruling.

A sample, ingredients breakdowns, and pictorial literature were submitted with your letter. The sample was examined and disposed of. Item no. SOC-221010 Southern Comfort BBQ Starter Set Garlic and Onion includes three components: a brush, a bottle of sauce, and a dry rub. The 7-3/4 inch brush has a wood handle and a plastic cap. The 9-1/2 inch tall, 500 ml glass bottle contains Southern Comfort, Flavored Garlic and Onion Cajun BBQ Sauce, composed of 58.40 percent water, 18 tomato concentrate, 6 percent sugar, 5.02 percent white distilled vinegar, 5 percent dextrose, 2.50 percent salt, 2 percent modified corn starch, and less than one percent each of chilli powder, garlic powder, caramel color, mustard powder, xanthan gum, onion powder, flavoring, citric acid, black pepper powder, preservatives, and nutmeg powder. The 7 inch tall plastic tube contains a Southern Comfort  Flavored Garlic and Chili Cajun BBQ Rub, a dry mixture of 20 percent paprika, 15.5 percent garlic powder, 14.67 percent salt, 13.83 percent black pepper, 13.17 percent onion powder, 8.50 percent oregano, 8.5 percent thyme flakes, 5 percent cayenne pepper, and 0.83 percent mustard powder.

The applicable tariff provision for the Flavored Garlic and Chili Cajun BBQ Rub 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 Flavored Garlic and Onion Cajun BBQ Sauce 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 brush will be 9603.90.8050, HTSUS, which provides for other brushes. The rate of duty will be 2.8% 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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