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NY N017718





October 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.12.0000; 2501.00.0000; 3924.10.4000

Mr. Chris Garcia
Kuehne & Nagel, Inc.
8200 Boggy Creek Rd./ #600
Orlando, FL 32824

RE: The tariff classification of salt and pepper with shakers and stand, from China.

Dear Mr. Garcia:

In your letter dated September 19, 2007, you requested a tariff classification ruling on behalf of Trudeau Corporation.

A sample identified as a “Salt and Pepper Shaker Set” (Item # 071-8006) was submitted for our examination and is being returned to you as requested. It consists of a bottle of coarsely ground pepper (black and white blend) and a bottle of table salt, put up together side-by-side in a holder (“rack”) intended to stand on a table. Each of the two bottles is a glass receptacle having the shape of a slightly tapered cylinder, approximately 1½” in diameter by 4” in height, with a removable plastic shaker cap. The holder (“rack”) is a molded-plastic article having two adjacent, cup-like sections with a loop-style steel handle that projects upward between them. All of the items are packed together in a printed paperboard retail box.

The applicable subheading for the bottle of pepper will be 0904.12.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper: crushed or ground. The rate of duty will be free.

The applicable subheading for the bottle of 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 rate of duty will be free.

The applicable subheading for the holder (“rack”) will be 3924.10.4000, HTSUS, which provides for tableware and kitchenware, of plastics: other. The rate of duty will be 3.4%.

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.

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

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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