CLA-2-09:OT:RR:NC:2:228
Ms. Gloria Chau
Trader Joe’s Company
PO Box 5049
Monrovia, CA 91017
RE: The tariff classification of spices, a mixed seasoning, a sauce and smoked sea salt from South Africa
Dear Ms. Chau:
In your letter dated March 18, 2011, you requested a tariff classification ruling.
Ingredients breakdowns and images of five products accompanied your letter. Flower Pepper is composed of 95 percent black peppercorns, two percent rose petals, one percent, each, calendula, lavender and cornflower, packed in a tube with a cap. Smoked Sea Salt contains 100 percent smoked sea salt in a covered tube. Habenero Sauce consists of 38 percent water, 32 percent habenero chilies, 15 percent vinegar, eight percent onion, three percent sugar, one percent, each of garlic, salt, sunflower oil and less than one percent xanthan gum, packed in a sealed bottle for retail sale. South African Smoke Seasoning contains 47 percent paprika flakes, 30 percent sea salt, 17 percent roasted garlic flakes and seven percent basil, packed in a covered tube.
In your letter, you suggested the South African Smoke Seasoning and Flower Pepper should fall in subheading 0910.91.0000 and 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), respectively, the provisions for mixtures of spices and other mixed condiments and mixed seasonings. Based on the products’ ingredient composition, they will be classified elsewhere.
The applicable subheading for the Flower Pepper will be 0904.11.0020, HTSUS, which provides for pepper of the genus Piper….pepper of the genus Piper…neither crushed nor ground…black. The rate of duty will be free.
The applicable subheading for the South African Smoke Seasoning will be 2103.90.8000, HTSUS, which provides for mixed condiments and mixed seasonings…other…other… mixed condiments and mixed seasonings…other. The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for the Habenero Sauce will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefore…other…other…other…other. The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for the Smoked Sea Salt will 2501.00.0000, HTSUS, which provides 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 duty rate 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/.
Articles classifiable under subheadings 2103.90.8000 and 2103.90.9091, HTSUS, which are products of South Africa may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
Your inquiry does not provide enough information for us to give a classification ruling on the Chocolate & Coffee Bean Grinder. Your request for a classification ruling should include the percent of cocoa butter in the chocolate flakes ingredient. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division