CLA-2-9:RR:NC:2:228 B88084
Robert E. Emin
17 Lodge Road
West Newton, MA 02165
RE: The tariff classification of spices and a snack food from Ethiopia.
Dear Mr. Emin:
In your letter dated July 28, 1997, you requested a tariff classification ruling.
Samples of four items were submitted with your letter. "Berbere" is a reddish-orange powder made from a base of hot red pepper to which garlic, salt, and ginger are added. "Mitmita" is an orange powder made from a base of a smaller type of hot red pepper with garlic and salt. The instructions state the spices are to be mixed with water then added to food to taste. "Kollo" is a roasted snack food mixture. Type I, consists of 70 percent barley, 25 percent chick peas, 5 percent sunflower seeds, and salt. Type II consists of 80 percent barley, 15 percent chick peas, 5 percent peanuts, and salt.
The applicable subheading for the "Mitmita" will be 0904.20.7600, Harmonized Tariff Schedule of the United States (HTS), which provides for dried or 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...ground...other. The rate of duty will be 8.1 cents per kilogram.
The applicable subheading for the "Berbere" will be 0910.91.0000, HTS, which provides for ginger, saffron, tumeric (curcuma), thyme, bay leaves, curry, and other spices...other spices... mixtures referred to in note 1(b) to this chapter. The rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the "Kollo" snack food mixture will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 8.2 percent ad valorem.
Articles classifiable under subheading 0904.20.7600, 0910.91.0000 and 2106.90.9998 HTS, which are products of Ethiopia, are entitled to duty-free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations.
Your inquiry does not provide enough information for us to give a classification ruling on the basket top. Will the top be imported with other pieces (e.g. a basket, jar, etc.)? Your request for a classification ruling should identify the types of materials used to make the merchandise.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
As per your request, the basket top will be returned. 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 212-466-5760.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division