CLA-2-09:RR:NC:2:231 J86543

Ms. Yolanda Landau
Wilson Logistics, Inc.
270 Terminal Avenue
Clark, NJ 07066

RE: The tariff classification of spice mixes from France and India.

Dear Ms. Landau:

In your letter, dated June 25, 2003, you requested a tariff classification ruling on behalf of your client, Oliviers and Company, New York, NY.

The merchandise, spice mixes in powder form, is described thus:

1. “Ras el Hanout Powder.” The ingredients are 25 percent caraway, 15 percent cumin, 15 percent coriander, 10 percent fenugreek, 10 percent salt, 10 percent curcuma/turmeric, 5 percent mace, 5 percent cinnamon, and 5 percent cloves. The net weight is 1.76 ounce. The country of origin is France.

2. “Quatre Epices Powder.” The ingredients are 50 percent ginger, 20 percent nutmeg, 20 percent black pepper, and 10 percent cloves. The net weight is 1.76 ounce. The country of origin is France.

3. “Madras Curry Powder.” The ingredients are coriander, curcuma/turmeric, mustard, flour, cumin, chili, fenugreek, pepper, garlic, salt, fennel, and poppy seeds. The product may also contain pieces of curry leaves. The net weight is 1.76 ounce. The country of origin is India.

The applicable subheading for “Ras el Hanout Powder,” “Quatre Epices Powder” and “Madras Curry Powder” will be 0910.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other spices, mixtures referred to in note 1(b) to chapter 9. The rate of duty will be 1.9 percent ad valorem.

Subheading 0910.91.0000, HTSUS, is currently listed as an eligible subheading for duty purposes under the Generalized System of Preferences (GSP). Goods classifiable under this subheading, which are products of India, may be entitled to duty free treatment under this GSP provision, upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP."

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division