CLA-2-22:RR:NC:SP:232 G89892

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

RE: The tariff classification of an Oil and Vinegar Set from China

Dear Mr. Raagas:

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

You submitted descriptive literature, product photographs and specifications, and samples with your request. The merchandise in question is Product OV-201993, an oil and vinegar, or cruet, set. As the sample submitted appears to be a prototype, the actual weight of the contents is not specified.

Product OV-201993 is a cruet set in a metal framework with a carry handle. In this instance the basket has three sections, three bars rising to form a handle, and rests on three ball feet. It contains three bottles that are tied to the framework with raffia. The metal encasing them is shaped specifically to accommodate the bottles and to make one retail item that will be imported packaged together. One bottle contains “rosemary and pignoli infused oil” a golden liquid which is stated to be rosemary and pignoli flavored canola oil. It has visible rosemary sprigs and some pine nuts, or pignoli, and black peppercorns floating within. Another bottle is said to be red wine vinegar with pearl onions, a red liquid that has some onions visible on the bottom. The third bottle is “garlic infused oil”, a golden fluid that is said to be canola oil with mince garlic and annatto oil for color.

For classification purposes, this item is considered a set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-201993, an oil and vinegar set, will be 2209.00.0000, Harmonized Tariff Schedule of the United States (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.

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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division