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NY R03743




May 11, 2006

CLA-2-82:RR:NC:N1:113 R03743

CATEGORY: CLASSIFICATION

TARIFF NO.: 8210.00.0000; 0910.91.0000

Mr. Troy Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a pepper mill and peppercorns from China

Dear Mr. Crago:

In your letter dated April 17, 2006, you requested a tariff classification ruling.

The merchandise is a pepper mill with a clear acrylic, cylindrical body and a steel grinder mechanism (item number W019RA00091). It measures approximately 3 inches in diameter and 15 inches in height. The pepper mill contains a black, green and red peppercorn mixture at importation. The pepper mill and the peppercorn mixture are classified separately for Customs tariff purposes.

The applicable subheading for the pepper mill will be 8210.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hand-operated mechanical appliances, weighing 10 kg. or less, used in the preparation, conditioning or serving of food or drink, and base metal parts thereof. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the black, red and green peppercorn mixture will be 0910.91.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices: other spices: mixtures referred to in note 1(b) to this chapter. The rate of duty will be 1.9 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/.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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