CLA-2-7:RR:NC:2:228 G89047

0904.20.2000, 0904.20.6090, 0906.10.0000,
0909.10.0000, 0910.40.2000, 0910.40.3000,
0910.99.4000, 1211.90.8090, 2501.00.0000,
4421.90.9840

Mr. Nick Raagas
Shonfeld’s (USA), Inc.
57 Romanelli Ave.
South Hackensack, NJ 07606

RE: The tariff classification of spices and dried vegetables in a wood holder, from China.

Dear Mr. Raagas:

In your letter dated March 27, 2001, you requested a tariff classification ruling.

A sample and pictorial literature was submitted with your letter. The sample submitted with your letter was examined and disposed of. Shonfeld’s Spice Set is an assortment of minced garlic, parsley, black pepper, paprika, chili flakes, cinnamon sticks, star anise, bay leaves, thyme flakes, oregano flakes, rosemary, and coarse salt. The dried vegetables and spices are put up in clear plastic cylindrical containers measuring 7 inches tall and 7/8 inches in diameter with a metal screw top. The containers are placed into a holder made of wood and enclosed in a clear plastic box. The majority of the components are products of China. The exceptions are the paprika from Spain, cinnamon from Indonesia, thyme from Morocco, oregano from Turkey and parsley from Israel. Shonfeld’s Spice Set is assembled in China.

The applicable subheading for the minced garlic will be 0712.90.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables… garlic…other. The rate of duty will be 29.8 percent ad valorem. The applicable subheading for the parsley will be 0712.90.6500, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…fennel, marjoram, parsley, savory and tarragon…other…parsley. The rate of duty will be 3.8 percent ad valorem. The applicable subheading for the black pepper will be 0904.11.0020, HTS, which provides for pepper of the genus Piper; dried crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)…pepper of the genus Piper…neither crushed not ground…black. The rate of duty will be free.

The applicable subheading for the paprika will be 0904.20.2000, HTS, which provides for pepper of the genus Piper; dried crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)…fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or ground…of the genus Capsicum (including cayenne pepper paprika and red pepper)…paprika. The rate of duty will be 3 cents per kilogram.

The applicable subheading for the chili flakes will be 0904.20.6090, HTS, which provides for pepper of the genus Piper; dried crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)…fruits of the genus Capsicum 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 cinnamon sticks will be 0906.10.0000, HTS, which provides for cinnamon and cinnamon-tree flowers…neither crushed nor ground. The rate of duty will be free.

The applicable subheading for the star anise will be 0909.10.0000, HTS, which provides for seeds of anise, badian, fennel, coriander, cumin or caraway, juniper berries…seeds of anise or badian. The rate of duty will be free.

The applicable subheading for the bay leaves 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.

The applicable subheading for the thyme will be 0910.40.3000, HTS, which provides for ginger, saffron, turmeric (curricula), thyme, bay leaves, curry and other spices…thyme; bay leaves…other…thyme. The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for the oregano will be 0910.99.4000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices…other spices…other… origanum (Lippia) spp.)…other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the rosemary will be 1211.90.8090, 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. The rate of duty will be free.

The applicable subheading for the coarse salt 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 wood holder will be 4421.90.9840, HTS, which provides for other articles of wood…other…other…other. The rate of duty will be 3.3 percent ad valorem.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division