CLA-2-09:OT:RR:NC:N2:231

Ms. Amy Wert
McCormick & Company Inc.
226 Schilling Circle
Hunt Valley, MD 21031

RE: The tariff classification of Dried Herbs and Spices from Australia

Dear Ms.Wert:

In your letter dated February 27, 2018, you requested a tariff classification ruling.

An ingredients list, brief description of the manufacturing process, and samples for the three products Chili Pepper, Cilantro and Basil accompanied your letter. The samples were examined and will be retained by our office. All three items are said to be lightly dried with added canola oil, salt and ascorbic acid to maintain product freshness. Each product is packed in sealed stackable retail plastic containers containing less than one ounce of each individual item.

The applicable subheading for the Lightly Dried Chili Pepper, will be 0904.22.7600, HTSUS, which provides for: Crushed or ground: Of the genus Capsicum (including cayenne Pepper, paprika and red pepper): Other. The rate of duty will be 5 cents per kilogram.

Your inquiry does not provide enough information for us to give a tariff classification ruling on the items Lightly Dried Cilantro and Light Dried Basil. If you will resubmit a ruling request, please provide the ingredient breakdown by weight presented in percentage format, a detailed description of the drying process (temperatures, times, etc.), a narrative description of the manufacturing process, and the manufacturing flowchart for the aforementioned products.

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 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 the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division