CLA-2-07:RR:NC:2:231 F83552
Mr. Justin Harper
Shonfeld’s (USA), Inc.
57 Romanelli Avenue
South Hackensack, NJ 07606
RE: The tariff classification spices, mixed seasonings/condiments, dried vegetables, and rosemary pine nut oil, packed in a metal rack, from China.
Dear Mr. Harper:
In your letter, dated February 16, 2000, you requested a classification ruling.
The merchandise, “Shonfeld’s” brand “Rosemary e Pignoli Infused Oil and Spice Assortment” (item SP-200505), is comprised of 8 spices, mixed seasonings/condiments, and dried vegetables that are packed with a bottle of rosemary pine nut oil. The spices, seasonings/condiments and dried vegetables are packed in 8 glass test tubes (measuring 6 inches in height and 7/8 inch in diameter) with cork stoppers (measuring 1 inch in height and 7/8 inch in diameter). The rosemary pine nut oil is packed in a glass bottle that measures 10 ¼ inches in height and 2 inches in diameter at the base. The eight test tubes holding the spices and seasonings are arranged concentrically around the bottle of infused oil in a circular metal rack. The rack measures 6 inches in height and 5 inches in diameter. The bottle of infused oil is secured to the metal rack with a textile cord and a polyvinyl chloride (PVC) top. The PVC top and adhesive tape secure the test tubes to the rack. The items are described thus:
SPICE:
1. CRUSHED RED PEPPER: 100 percent crushed, red chili peppers; products of China.
MIXED SEASONINGS/CONDIMENTS:
2. PEPPER BLEND: 75 percent white fine salt, 25 percent black pepper powder; products of China.
3. CURRY BLEND: 80 percent white fine salt, 10 percent curry powder, 10 percent fennel seed; products of China.
4. MUSTARD SEED BLEND: 60 percent mustard seed, 20 percent crushed red pepper, 20 percent minced onion; products of China.
5. PEPPER ONION MIX: 80 percent minced onion, 10 percent whole black pepper, 10 percent crushed red pepper; products of China.
DRIED VEGETABLES:
6. CORIANDER FLAKES: 100 percent coriander flakes; products of China.
7. MINCED ONION: 100 percent dehydrated minced onion; product of China.
8. VEGETABLE MIX: 50 percent green onion flakes, 50 percent carrot flakes; products of China.
9. “ROSEMARY E PIGNOLI INFUSED OIL” (rosemary pine nut oil): dried rosemary (product of Israel), pine nut (product of China), black peppercorns (products of China), and canola oil (product of Canada); assembled in China.
The applicable subheading for crushed red pepper (item 1) will be 0904.20.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum (peppers) or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, other. The rate of duty will be 2.5 cents per kilogram.
The applicable subheading for the pepper blend (item 2), curry blend (item 3), mustard seed blend (item 4), pepper onion mix (item 5), and rosemary pine nut oil (item 9), will be 2103.90.8000, HTS, which provides for sauces and preparations therefor; mixed condiments and mixed seasonings, mustard flour and meal and prepared mustard, other, other, mixed condiments and mixed seasonings, other. The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for coriander flakes (item 6) and the vegetable mix (item 8) will be 0712.90.8080, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables, mixtures of vegetables, other vegetables; mixtures of vegetables, other. The rate of duty will be 8.3 percent ad valorem.
The applicable subheading for minced onion (item 7) will be 0712.20.4000, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, onions, other. The rate of duty will be 21.3 percent ad valorem.
The applicable subheading for the metal rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, 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.
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 212-637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division