CLA-2-7:RR:NC:2:228 J81511

Mr. Shachar Gat
Shonfeld’s
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of various food products from China.

Dear Mr. Gat:

In your letter dated February 24, 2003, you requested a tariff classification ruling.

Samples, ingredients breakdowns, and pictorial literature were submitted with your letter. Item nos. OV-203207, SA-204667a, SA-204667b, SA-204667c, and SA-204667d have been examined and disposed of. Item no. OV-203207 is a set comprised of two bottles of infused vinegar and one bottle of infused oil. The Cherry Onion & Thyme Infused Vinegar contains cherries, pearl onions, and thyme loosely packed in a solution containing vinegar and preservatives. The Chili Rosemary & Mustard Seed Infused Vinegar contains chili peppers, mustard seeds, and rosemary loosely packed in a solution containing salt, vinegar and preservatives. The Chili Infused Oil contains chili peppers and black peppercorns loosely packed in canola oil with natural flavor and paprika oleoresin. Each is put up in tapered glass bottles measuring approximately 13 inches tall and 2 inches at the base, and contain between 165 and 200 ml. The three decorative bottles are enclosed in a metal holder with a handle. Item nos. SA-204667a,b,c,and d are segmented glass bottles with decorative screw tops, measuring approximately 12 1/2 inches tall and 1 3/4 inches in diameter. Item no. SA-204667a and item no. SA-204667b are filled with layers of colored salt. Item no. SA-204667c is filled with layers of pepper blend, curry powder, salt, garlic powder, and paprika. Item no. 204667d is filled with layers of mung beans, red beans, lentils, yellow split peas, black eyed peas, and black beans. The bottles for item nos. SA-204667a,b,c,and d, will be classified separately from their contents. The value of the bottles for item nos. SA-204667a and SA-204667b is $0.2274 each. The value of the bottles for item nos. SA-204667c and SA-204667d is $0.2965 each.

The applicable subheading for the contents of the glass bottle for item no. SA-204667d will be 0713.40.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for dried leguminous vegetables, shelled, whether or not skinned or split…lentils…other…other. The rate of duty will be 0.15 cents per kilogram.

The applicable subheading for item no. OV-203207 will be 2209.00.0000, HTS, which provides for vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.5 cents per proof liter.

The applicable subheading for the contents of the glass bottles for item no. SA-204667a, SA-204667b, and SA-204667c will be 2501.00.0000, HTS, 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.

The applicable subheading for the decorative glass bottles for item nos. SA-204667a, SA-204667b, SA-204667c, and SA-204667d will be 7013.99.4000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018)…other glassware…other…other…other…valued not over $0.30 each. The rate of duty will be 38 percent ad valorem.

The applicable subheading for the metal rack, a component in item no. OV-203207, will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel…other…other…not coated or plated with precious metal…other…other…other. The rate of duty will be 3.4 percent ad valorem.

The tariff classification of item no. FV-204136 will be addressed in ruling NY J81974.

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,
National Commodity
Specialist Division