CLA-2-07:RR:NC:N2:228 L89875
Mr. Christopher Garcia
Kuehne & Nagel, Inc.
8200 Boggy Creek Road
Orlando, FL 32824
RE: The tariff classification and country of origin marking for spices and a spice rack, from China
Dear Mr. Garcia:
In your letter dated January 6, 2006, on behalf of Genin Trudeau, you requested a tariff classification and country of origin marking ruling.
A sample was submitted with your inquiry. Item no. 0718035, 18 Bottle Spice Rack, consists of eighteen reusable glass shaker bottles, each filled with a different dry vegetable, herb, or spice. The bottles rest in individual compartments on a steel wire rack, held in position on the rack by a removable, clear plastic film, and the unit is packed in a corrugated carton for retail sale. The rack and glass bottles are products of China; the dry vegetables and spices may be goods of a variety of countries, none of which were specified in your letter. The box containing the sample is marked “made in China.” For the purposes of this ruling, the country of origin of all products is understood to be a country entitled to the general or normal trade relations (NTR) rate of duty. The contents of the bottles are chopped basil, whole black peppercorns, garlic powder, chopped dill weed, fennel seed, parsley flakes, thyme, onion flakes, savory powder, rosemary leaves, chili flakes, chopped bay leaves, cinnamon powder, chopped marjoram, chopped oregano, Italian seasoning, poultry seasoning, and steak seasoning.
The applicable subheading for the onion flakes will be 0712.20.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared… onions…other. The rate of duty will be 21.3 percent ad valorem.
The applicable subheading for the garlic powder will be 0712.90.4020, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…garlic…powder or flour. The rate of duty will be 29.8 percent ad valorem.
The applicable subheading for the parsley flakes will be 0712.90.6500, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…fennel, marjoram, parsley, savory and tarragon…other…parsley. The rate of duty will be 3.8 percent ad valorem.
The applicable subheading for the savory powder will be 0712.90.7000, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…fennel, marjoram, parsley, savory and tarragon…other… other. The rate of duty will be 1.9 percent ad valorem.
The applicable subheading for the dill weed will be 0712.90.8580, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…other…other…other. The rate of duty will be 8.3 percent ad valorem.
The applicable subheading for the black peppercorns will be 0904.11.0020, HTSUS, which provides pepper of the genus Piper…neither crushed nor ground… black. The rate of duty will be free.
The applicable subheading for the chili flakes will be 0904.20.6090, HTSUS, which provides for dried or crushed or ground fruits of the genus Capsicum (peppers)…other…not ground…other. The rate of duty will be 2.5 cents per kilogram.
The applicable subheading for the cinnamon powder will be 0906.20.0000, HTSUS, which provides for cinnamon and cinnamon-tree flowers…crushed or ground. The rate of duty will be free.
The applicable subheading for the fennel seed will be 0909.50.0000, HTSUS, which provides for seeds of anise, badian, fennel, coriander, cumin or caraway… seeds of fennel. The rate of duty will be free.
The applicable subheading for the thyme will be 0910.40.2000, HTSUS, which provides for ginger, saffron, turmeric (curcurma), thyme, bay leaves, curry and other spices… thyme; bay leaves…crude or not manufactured. The rate of duty will be free.
The applicable subheading for the bay leaves will be 0910.40.4000, HTSUS, which provides for ginger, saffron, turmeric (curcurma), thyme, bay leaves, curry and other spices… thyme; bay leaves…other…bay leaves. The rate of duty will be 3.2 percent ad valorem.
The applicable subheading for the basil will be 1211.90.9040, HTSUS, 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…other…basil. The rate of duty will be free.
The applicable subheading for the rosemary will be 1211.90.9090, HTSUS, 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…other… other. The rate of duty will be free.
The applicable subheading for the steel rack will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, or iron or steel…other…other…not coated or plated with precious metal…other…other… 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the marjoram, oregano, Italian seasoning, poultry seasoning, and steak seasoning. Your request for a classification ruling should include the botanical name for the marjoram and oregano (i.e., genus, species, and variety or cultivar), and a complete ingredients breakdown, by weight, for the Italian, poultry, and steak seasoning. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
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). The dill weed, chili flakes, peppercorns, cinnamon, fennel seed, thyme, bay leaves, basil, and rosemary are among the products included in this statutory marking exemption. Therefore, neither these products nor their containers are required to be marked with the foreign country of origin.
Applying the Marking Rules set forth in section 304 the Tariff Act and section 134 of the Customs Regulations, we find that item no. 0718035, 18 Bottle Spice Rack, must be marked to indicate the country or countries of origin of all components not subject to the above-noted exception. This would include the steel rack, garlic powder, onion flakes, parsley flakes, and savory powder.
Your inquiry does not provide enough information for us to give a country of origin marking ruling for the marjoram, oregano, Italian seasoning, poultry seasoning, and steak seasoning. In order to determine whether the country of origin marking is required for these products, we will need the botanical identity and ingredients breakdown information requested above.
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 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 Stanley Hopard at 646-733-3029.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, Bureau of Customs and Border Protection, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division