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NY N008226





April 2, 2007

CLA-2-09: RR: NC: SP: 231

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.11.0020; 0904.20.6090; 0910.99.0500; 2501.00.0000; 7323.99.9060

Mr. Steve Nowik
Panalpina Incorporated
800 Devon Ave.
Elk Grove Village, IL 60007

RE: The tariff classification of spices and rock salt, packed in a metal stand, from China.

Dear Mr. Nowik:

In your letter dated March 09, 2007 on behalf of your client The Wisconsin Cheeseman, you requested a tariff classification ruling.

The merchandise, identified as a “Spice Rack” (item 7308), is comprised of black peppercorns (0.7oz.) red pepper flakes (0.35oz.), bay leaves (0.05oz.) and rock salt (1.75oz.) that are each packed separately in 4 plastic tubes. The plastic tubes measure approximately 7 inches in height and 3/4 inch in diameter at the base and have top opening twist off & on metal caps. The 4 plastic tubes are set in a grey powder coated tinplate stand that is specifically designed for the tubes and is approximately 3” (H) x 5 ½” (L) x 1 ½” (W).

The applicable subheading for black peppercorns will be 0904.11.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), pepper of the genus Piper, neither crushed nor ground, black. The general rate of duty will be Free.

The applicable subheading for red pepper flakes will be 0904.20.6090, HTSUS, which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, other. The general rate of duty will be 2.5 cents per kilogram.

The applicable subheading for the bay leaves will be 0910.99.0500, HTSUS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other, thyme, bay leaves, crude or not manufactured. The general rate of duty will be Free.

The applicable subheading for rock salt will be 2501.00.0000, HTSUS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents; sea water. The general rate of duty will be Free.

The applicable subheading for the metal stand will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel, other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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