CLA-2-7:RR:NC:2:228 J87451

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

RE: The tariff classification of dried vegetables, spices, and a metal rack from China.

Dear Mr. Gat:

In your letter dated July 14, 2003, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your letter. The samples were examined and disposed of. Item no. SP-205419 Chrome Rack With Resin Topped Jars, is comprised of one bottle each of chili flakes, dried parsley, vegetable mix (green onion flakes and carrot flakes), and coarse salt. The spices and vegetables are put up in triangle shaped jars with a cork stopper displaying a colored plastic representation of the spice or vegetable contained within the bottle. The jars are placed in a steel wire rack with a handle.

The applicable subheading for the parsley flakes 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 vegetable mix will be 0712.90.8580, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared… mixtures of vegetables…other. The rate of duty will be 8.3 percent ad valorem.

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 percent ad valorem.

The applicable subheading for the 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 metal rack 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.

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