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NY N013253




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000, 2103.90.9091, 7323.91.5040

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

RE: The tariff classification of spice rub, sauce, and a cast iron skillet from China.

Dear Mr. Gat:

In your letters dated June 14, 2007 you requested a tariff classification ruling.

A sample, pictorial literature, and ingredients breakdowns were submitted with your letter. The sample was examined and disposed of. Item no. BBQ-223155 contains a 250 ml of seasoning, a 250 ml bottle of sauce, and a cast iron skillet, in a clear plastic package. The Sauza BBQ Rub (Taquila BBQ Rub) consists of paprika, garlic powder, salt, black pepper, onion powder, oregano flakes, thyme flakes, chili flakes, flavoring and mustard powder. The Sauza Tequila BBQ Sauce (Taquila BBQ Sauce) consists of water, tomato concentrate, sugar, distilled white vinegar, dextrose, salt, corn starch, chili powder, garlic powder, caramel color, mustard powder, xanthan gum, onion powder, flavoring, citric acid, black pepper, nutmeg, and preservatives. The cast iron skillet has an oval shaped cooking surface measuring approximately 9 inches by 7 inches.

The applicable tariff provision for the Sauza BBQ Rub (Taquila 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 Sauza Tequila BBQ Sauce (Taquila 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 cast iron skillet will be 7323.91.5040, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother, of cast iron, not enameled, other, other. The rate of duty will be 5.3 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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