CLA-2-09:S:N:N1:231 871090
0910.99.2000 and 1211.90.8050
Mr. Theodore Davidov
Coda International Ltd.
2101 Connecticut Avenue N.W.
Washington, D.C. 20008
RE: The tariff classification of a spice grinder set from Italy
Dear Mr. Davidov:
In your letter dated January 29, 1992 you requested a tariff
classification ruling.
The product, a spice grinder set, consists of six herbs and
spices (garlic flakes, black pepper corns, nutmeg, oregano, green
pepper corns and sage) packaged individually in grinders within a
wooden holder. The plastic grinder is permanently attached to
the glass container, which contains the herb or spice. The
grinder is not refillable, when empty the complete unit is thrown
away.
The applicable subheadings for the disposable grinder set
will be as follows:
The garlic flakes in 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: garlic, other. The rate of duty is 35 percent
ad valorem.
The black pepper corns in 0904.11.0020, HTS, which provides
for pepper of the genus Piper: neither crushed nor ground: black.
The rate of duty will be free.
The nutmeg in 0908.10.0000, HTS, which provides for nutmeg,
mace and cardamoms: nutmeg. The rate of duty is free.
The oregano in 0910.99.2000, HTS, which provides for other
spices: origanum (Lippia spp.): crude or nut manufactured. The
rate of duty is free.
The green pepper corns in 0910.99.6000, HTS, which provides
for other spices: other. The rate of duty is 3 percent ad
valorem. In addition
subheading 9903.10.15, HTS, (Temporary Modifications Established
Pursuant to Trade Legislation) allows for a reduced duty rate of
2.3 percent ad valorem through December 31, 1992.
The sage in 1211.90.8050, HTS, which provides for plants and
parts of plants (including seeds and fruits) of a kind used
primarily in perfumery, in pharmacy or for insecticidal,
fungicidal or similar purposes, fresh or dried, whether or not
cut, crushed or powdered: other: sage. The rate of duty is free.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The sample you
have submitted does not appear to be properly marked with the
country of origin. You may wish to discuss the matter of country
of origin marking with the Customs import specialist at the
proposed port of entry.
Additional requirements may be imposed on this product by
the Food and Drug Administration. You may contact the FDA at:
Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport