CLA-2-69:RR:NC1:126: M83921
Mr. Christopher Garcia
Kuehne and Nagel
8200 Boggy Creek Road
Suite 600
Orlando, FL 32824
RE: The tariff classification of pepper mills with ceramic grinders from China and Taiwan containing peppercorns and salt from other countries
Dear Mr. Garcia:
In your letter dated April 24, 2006, on behalf of Genin Trudeau, you requested a tariff classification ruling on three pepper mills – items 0716807, 0716840 and 0713000.
Item 0716807 is a pepper mill from Tawan with a ceramic grinder and a body of carbon steel. This article will be imported with whole, dried black peppercorns.
Item 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 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.
You stated that the ceramic grinder portion of each of the pepper mills consists of dolomite ceramics.
You indicated that the vast majority of these products will be marketed to individual consumers. 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 mixture of whole, dried peppercorns within product 0713000 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 product 0716840 will be 2501.00.0000, HTSUS, which provides for salt. The rate of duty will be free. The applicable subheading for the salt shaker/pepper mill with a ceramic grinder within product 0716840 and for the pepper mills with ceramic grinders within products 0716807 and 0713000 will be 6912.00.4810, HTSUS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: tableware and kitchenware: other: other: other: other: suitable for food or drink contact. The rate of duty will be 9.8 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 shaker/mills 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 shaker/mills) must be indicated. The articles (mills and shaker/mills) 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 mill/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 shaker/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 Specialist Jacob Bunin at 646-733-3027 (regarding the mills and shaker/mills with ceramic grinders), Thomas Brady (regarding the peppercorns) at 646-733-3030 and Debra Wholey (regarding the salt) at 646-733-3034.
The salt and peppercorns imported with the mills and shaker/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 mills and shaker/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 mills and shaker/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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division