CLA-2-69:RR:NC1:126: L89710
Mr. Christopher Gardia
Kuehne and Nagel
8200 Boggy Creek Road
Suite 600
Orlando, Florida 32824
RE: The tariff classification of pepper mills, salt mills, salt shakers and salt shaker/pepper mills from China and Taiwan containing salt and peppercorns from other countries
Dear Mr. Gardia:
In your letter, dated January 5, 2O05, you requested a tariff classification ruling, on behalf of Genin Trudeau, regarding various products.
Samples were submitted with your ruling request. In accordance with your request, these samples will be returned to you.
Item 1 (product # 0716807) is a pepper mill from Taiwan with a ceramic grinder and a body of carbon steel. This article will be imported with whole, dried black peppercorns.
Item 2 (product # 0714041) is a salt mill from China with a nylon grinder, a body of acrylic and a wood base. This article will be imported with sea salt.
Item 3 (product # 0716840) is a salt shaker/pepper mill from China. The salt shaker constitutes the top section of this article while the pepper mill constitutes the bottom section of the product. The pepper mill has a ceramic grinder and a body of stainless steel. This product will be imported with salt within the salt shaker component, and a mixture of whole, dried black, white and green peppercorns within the pepper mill portion of the article. The black peppercorns appear to predominate in the peppercorn mixture.
Item 4 (product # 0713000) is a pepper mill from China with a ceramic grinder and a body of stainless steel with an acrylic window. This article will be imported with a mixture of whole, dried black, white, green and pink peppercorns.
Item 5 (product # 0712460) consists of an acrylic salt shaker, and a pepper mill from China. The pepper mill has a carbon steel grinder and an acrylic body. The salt shaker will be imported with salt and the pepper mill will be imported with whole, dried black, white, green and pink peppercorns.
Item 6 (product # 087223) is a “cool down hydration bottle” from China. This article is a lidded beverage holder. The bottle is made of tinted transparent polycarbonate with a double walled construction. It has a capacity of 24 fluid ounces/700 milliliters, and is printed at intervals along the side with ounce and milliliter markings. The threaded lip incorporates a pop-up straw, a finger grip and a removable attachment clip.
You asked whether the peppercorns and salt imported with the articles were classifiable together with the articles. Since the articles are not regarded as normal packing for the salt and peppercorns, the salt and peppercorns are classifiable separately from the articles.
Certain articles in this ruling request will be imported containing whole, dried peppercorns in four colors - viz., as black, white, green or pink (red) peppercorns. The black, white and green peppercorns are harvested from the plant, Piper nigrum. The pink (or red) peppercorns, however, are from a plant species other than Piper. The Encyclopedia of Herbs, Spices & Flavorings, by Elizabeth Lambert Ortiz, (New York: Dorling Kindersley, Inc., 1992), identifies pink peppercorns as the berries of the tree, Schinus terebinthfolius, noting that these “are not a true pepper.”
Based on their use as a spice, pink peppercorns are classifiable in heading 09.10, Harmonized Tariff Schedule of the United States (HTSUS), the provision for, inter alia, other spices. Note 1(b) in Chapter 9, HTSUS, directs that mixtures of spices of headings 0904 to 0910, if products of different headings, be classified in heading 09.10, HTSUS. Accordingly, mixtures of peppercorns of heading 09.04 with pink peppercorns are classifiable as mixtures in heading 09.10, HTSUS.
The applicable subheading for the whole, dried peppercorns within products 0716807 and 0716840 will be 0904.11.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper neither crushed nor ground, black. The rate of duty will be free.
The applicable subheading for the mixtures of whole, dried peppercorns within products 0713000 and 0712460 will be 0910.91.0000, HTSUS, which provides for ginger, saffron, turmeric (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 1.9 percent ad valorem.
The applicable subheading for the salt within products 0714041 and 0712460 will be 2501.00.0000, HTSUS, which provides for salt. The rate of duty will be free.
The applicable subheading for the pepper mill with carbon steel grinder within product 0712460 will be 8210.00.0000, HTSUS, which provides for hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink. The rate of duty will be 3.7 percent ad valorem.
The applicable subheading for the acrylic salt shaker within product 0712460 will be 3924.10.1000, HTSUS, which provides for tableware, kitchenware and other household articles of plastics: tableware and kitchenware: salt, pepper, mustard and ketchup dispensers and similar dispensers. The rate of duty will be 3.4 percent ad valorem.
The salt and peppercorns imported within product 0712460 will be classified separately as indicated above.
The applicable subheading for product 0714041 – the salt mill with a nylon grinder - will be 3924.10.1000, HTSUS, which provides for other tableware, kitchenware and other household articles of plastics: tableware and kitchenware: salt, pepper, mustard and ketchup dispensers and similar dispensers. The rate of duty will be 3.4 percent ad valorem.
The salt imported within product 0714041 will be classified separately as indicated above.
The applicable subheading for product 087223 - the hydration bottle/beverage holder - will be 3924.10.4000, HTSUS, which provides for other tableware, kitchenware and other household articles of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.
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/.
You asked whether the country of origin for the salt and peppercorns within the mills and shakers must be indicated as well as the country of origin for the articles.
While the peppercorns are exempt from the country of origin marking requirement, the country of origin of the salt as well as the country of origin of the articles (mills and shakers) must be indicated. The articles (mills and shakers) must be marked in a legible, indelible, permanent and conspicuous manner with the English name of the country of origin of the article and the English name of the country of origin of the salt.
Section 14 of the Miscellaneous Trade and Technical Corrections Act of 1996, Pub. L. 104-295, 110 Stat. 3514 (October 11, 1996) amended the country of origin marking statute (19 U.S.C. 1304) to exempt imports of certain specified coffee, tea and spices from the marking requirements of 19 U.S.C. 1304 subsections (a) and (b). Peppercorns of subheading 0904.11 and spice mixtures of subheading 0910.91 are among the products included in this statutory marking exemption. Therefore, the articles described in this ruling, containing peppercorns or mixtures of peppercorns, are not required to be marked with the foreign country of origin of the peppercorns.
However, the mills and shakers, which are themselves articles of commerce, must be marked with their country of origin. In addition, the salt, packaged in reusable shakers and mills, is not exempted from marking under Pub. Law 104-295, and will be subject to the country of origin marking requirements contained in Part 134 of Title 19, Code of Federal Regulations, (19 C.F.R. 134). While the crystalline salt is itself exempted from marking by §134.32(a), since it is incapable of being marked, the shakers and mills in which the salt is imported must be marked to indicate the country of origin of the salt, (§134.22(a)), as well as with the country of origin of the reusable shaker or mill (§134.22(b)).
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 Specialists Thomas Brady (regarding the peppercorns) at 646-733-3030, Debra Wholey (regarding the salt) at 646-733-3034, James Smyth (regarding the item with the metal grinder) at 646-733-3018 and Joan Mazzola (regarding the plastics products) at 646-733-3023.
The salt and peppercorns imported with the shakers and mills are subject to the requirements of 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
The shakers and mills may also be subject to the requirements of the Bioterrorism Act.
There may be additional requirements imposed on the salt and peppercorns as well as the shakers and mills by the Food and Drug Administration. You may contact the FDA at:
Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: 1-888-463-6332
Regarding products 0716807, 0716840 and 0713000 – the mills with ceramic grinders – we do not have sufficient information to issue a tariff classification ruling. If you would like to receive a ruling on these articles, please submit the information indicated below. (As indicated above the salt and peppercorns within these products will be classified separately.)
For each article with a ceramic grinder, please identify the specific type of ceramics that comprises the grinder – porcelain, earthenware, stoneware, etc.
For each article with a ceramic grinder, please provide complete information on the uses and marketing of this merchandise.
Will these articles be marketed to restaurants, hotels or other establishments?
Will they be marketed to and used exclusively by individual consumers for use at home?
If the articles with ceramic grinders will be used both by individual consumers and by establishments such as restaurants or hotels, please indicate the percentage of the importer’s customers represented by each group.
Please submit all available advertising and marketing literature documenting the uses of the articles with ceramic grinders and the manner in which these products are marketed.
When this information is available, you may wish to consider resubmission of your request regarding the articles with ceramic grinders.
If you resubmit the request, please resubmit the samples of the articles with the ceramic grinders as well as a copy of your original letter and attachments, along with the additional information requested in this notice.
Please mail your request to Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, New York, NY 10119, attention: Binding Rulings Section.
If you have questions regarding this notice, contact National Import Specialist Jacob Bunin at 646-733-3027.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division