CLA-2-07:RR:NC:2:231 I87757

Mr. Claudio Garcia
Mel Import and Export Company, Inc.
19221 Northeast 10th Avenue, Suite 222
North Miami Beach, FL 33179

RE: The tariff classification of coriander, rosemary, sage, tarragon, and thyme from Argentina.

Dear Mr. Garcia:

In your letter, dated October 18, 2002, you requested a tariff classification ruling.

The merchandise is described thus:

“Mahuida” brand coriander seeds; the net weight is 60 grams “Mahuida” brand oregano; the net weight is 20 grams “Mahuida” brand rosemary; the net weight is 25 grams “Mahuida” brand sage; the net weight is 15 grams “Mahuida” brand tarragon; the net weight is 20 grams “Mahuida” brand thyme; the net weight is 35 grams

All items are packed in glass bottles with metal caps.

The applicable subheading for coriander seeds (item 1) will be 0909.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries, seeds of coriander. The rate of duty will be free.

The applicable subheading for rosemary (item 3) will be 1211.90.9090, HTS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered, other, other, other, other. The rate of duty will be free.

The applicable subheading for sage (item 4) will be 1211.90.9050, HTS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered, other, other, sage. The rate of duty will be free.

The applicable subheading for tarragon (item 5) will be 0712.90.6000, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, fennel, marjoram, parsley, savory and tarragon, crude or not manufactured. The rate of duty will be Free.

The applicable subheading for thyme (item 6) will be 0910.40.2000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, thyme; bay leaves: crude or not manufactured. The rate of duty will be Free.

Your inquiry does not provide enough information for us to give a classification ruling on the oregano. Your request for a ruling should include the botanical name of the oregano (the genus and species).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division