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NY N027106




May 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.11.0020; 2501.00.0000

Mr. Joseph Delahanty
Panalpina Inc.
1776 On-The-Green
67 Park Place
Morristown, NJ 07960

RE: The tariff classification of pepper and salt from China.

Dear Mr. Delahanty:

In your letter dated April 15, 2008, you requested a tariff classification ruling on behalf of Medallion Foods Inc. Two samples were submitted for our examination.

The first sample, labeled with barcode number 63205-20169-6, consists of 1.6 ounces (net weight) of whole black peppercorns put up for retail sale in a disposable glass bottle with a grinder cap. Although the grinder cap is removable, it is made entirely of plastic and appears to be disposable.

The second sample, labeled with barcode number 63205-20170-2, consists of 3.88 ounces (net weight) of coarse sea salt put up for retail sale in a disposable glass bottle with the same type of plastic grinder cap described above.

The applicable subheading for the bottle of black peppercorns will be 0904.11.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper: neither crushed nor ground: black. The rate of duty will be free.

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

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.

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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