CLA-2-09: OT: RR: NC: SP: 231
Mr. Edward Flower
Alpha International
145th Avenue and Hook Creek Blvd. C-1Gn
Valley Stream, NY 11581
RE: The tariff classification of salt and pepper grinders from Italy and India.
Dear Mr. Flower:
In your letter dated December 02, 2008, on behalf of your client Arora Creations Inc. you requested a tariff classification ruling.
The first sample consists of 62 grams (net weight) of coarse sea salt from Italy that is put up for retail sale in a disposable glass bottle with a grinder cap. Although the grinder cap is removable, it is made entirely of plastic and appears to be disposable.
The second sample consists of 33 grams (net weight) of whole black peppercorns (genus Piper) from India that is put up for retail sale in a disposable glass bottle with the same type of plastic grinder cap described above.
The finished product will be a pair of salt and pepper grinders that will be filled and plastic shrink wrapped in South Africa.
The applicable subheading for the bottle of sea salt will be 2501.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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 bottle of black peppercorns will be 0904.11.0020, HTSUS, 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) : pepper of the genus Piper : neither crushed nor ground, black. The rate of duty will be Free.
The country of origin for marking purposes is defined at section 19 CFR 134.1(b), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of Part 134. A substantial transformation is effected when a manufacturer or processor converts or combines an article into a new and different article resulting in a change in name, character, or use.
The packaging of the salt and pepper in South Africa does not meet the definition of substantial transformation. The sea salt will be a product of Italy and the pepper will be a product of India for marking purposes.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Although the submitted sample is marked to indicate that it contains “Italian Mediterranean Sea Salt Crystals” and “Tellicherry Black Peppercorns,” the label also bears the phrase “Product of South Africa.” In light of the above discussion, this labeling is potentially confusing to the ultimate purchaser. It is therefore suggested that the label be marked to indicate that the salt is a product of Italy, and that the pepper is a product of India. The reference to South Africa should be omitted, although an additional phrase such as “Packed in South Africa” would be permissible, if desired.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
We are returning the sample as you requested.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division