CLA-2-7:RR:NC:2:228 J87542
Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606
RE: The tariff classification of a spice and vegetable set in a steel rack, from China.
Dear Mr. Gat:
In your letter dated July 15, 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-205330 Spice Fan, is comprised of eight tube-shaped jars in a fan-shaped steel wire rack. The jars are filled with minced garlic, parsley flakes, coriander flakes, chili flakes, chili powder, cinnamon sticks, bay leaves, and coarse salt.
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 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 coriander will be 0712.90.8580, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other 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 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 bay leaves will be 0910.40.2000, HTS, ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices…bay leaves...crude or not manufactured. The rate of duty will be free.
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 steel wire 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…other…other. The rate of duty will be 3.4 percent ad valorem.
Your inquiry does not provide enough information for us to issue a classification ruling on the oregano flakes or the chili powder. Your request for a classification ruling should include:
1. The botanical name (i.e. genus, species) of the oregano.
2. A sample of one of the spices does not correspond to the literature provided. Please send a sample of the chili powder or literature describing the paprika.
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