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NY N013467

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July 10, 2007

CLA-2-21:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400; 2103.90.7800; 2103.90.8000;

Mr. Ernest Barbella
PHS Group
223 Underhill Blvd.
Syosset, NY 11791

RE: The tariff classification of seasonings from China

Dear Mr. Barbella:

In your letter dated June 25, 2007, you requested a tariff classification ruling.

Ingredients breakdowns for five products were submitted with your letter. Unlabeled samples, submitted with earlier correspondence, were examined and disposed of. The products are seasonings, packaged for retail sale in disposable glass bottles with plastic grinder caps. Chinese Five Spice is said to be composed of minced garlic, whole black peppercorns, fennel seed, cinnamon pieces, chopped onion, coarse sea salt, cloves, and star aniseed. Chicken Seasoning is composed of coarse sea salt, whole black and white peppercorns, sage, celery seed, paprika, thyme, chopped garlic, chopped onion, and rosemary. Pasta Seasoning consists of coarse sea salt, chopped garlic, paprika, black peppercorns, oregano flakes, chopped thyme, and lemon peel. Onion Sea Salt contains coarse sea salt and chopped onions, and Cinnamon Flavoring consists of cinnamon pieces (55%) and extra coarse sugar (45%).

The applicable subheading for the Cinnamon Flavoring, if imported in quantities that fall within the limits described in additional U.S. note 4 to chapter 21, will be 2103.90.7400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter...described in additional U.S. note 4 to this chapter and entered pursuant to its provisions. The rate of duty will be 7.5 percent ad valorem. If the quantitative limits of additional U.S. note 4 to chapter 21 have been reached, the product will be classified in subheading 2103.90.7800 HTS, and dutiable at the rate of 30.5 cents per kilogram plus 6.4 percent ad valorem. In addition, products classified in subheading 2103.90.7800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.21.01 to 9904.21.08, HTS

The applicable subheading for the Chinese Five Spice, Chicken, Pasta, and Onion Sea Salt Seasoning will be 2103.90.8000, HTSUS, which provides for mixed condiments and mixed seasoningsother. The rate of duty will be 6.4 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 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 samples you submitted are not 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 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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See also:

• Tariff No.: 2103.90.74 - Mixed condiments and mixed seasonings (described in add US note 3 to Ch. 21), subject to add. US note 8(a) to Ch.17, not GN15
• Tariff No.: 2103.90.78 - Mixed condiments and mixed seasonings (described in add US note 3 to Ch. 21), not subject to gen note 15 or add. US note 8(a) to Ch.17
• Tariff No.: 2103.90.80 - Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21
• Tariff No.: 9904.21.01 - Mixed condiments and seasonings described in Ch. 21 addl US note 3, in 2103.90.78, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.21.08 - Mixed condiments and seasonings described in Ch. 21 addl US note 3, in 2103.90.78, entered in value safeguard period, $0.35/kg or more