CLA-2-07:OT:RR:NC:2:228
0904.12.0000; 0904.20.6090; 0909.20.0000; 0910.99.0600; 1211.90.9140; 1211.90.9190;
2501.00.0000; 7323.99.9080
Mr. Troy D. Crago-Edwards
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of dried vegetables, spices, plant parts and salt, packed in steel racks from China
Dear Mr. Crago-Edwards:
In your letter dated January 12, 2011, you requested a tariff classification ruling.
Product specifications and images of four items (“Spice Rack Sets”) accompanied your letter. The products consist of bottles or jars filled with dried vegetables, spices, plant parts or salt, mounted on a steel wire rack, packed for retail sale. The racks, except noted below, are enclosed by removable, clear plastic film. Item number A019RA00206 is an assortment of tube-shape bottles containing white peppercorn, black peppercorn, red chili flakes, garlic flakes, rosemary and basil. Item number A019RA00207 is composed of a jar of black peppercorn, coriander seeds, rosemary, oregano flakes, parsley flakes and basil. The rack has a plastic knob on top and a hang tag tied around the knob. Item number A019RA00209 consists of a jar of coriander seeds, parsley flakes, coarse salt, oregano flakes, black peppercorn, rosemary, basil and garlic flakes. The eight jars are put up in a cylindrical steel rack with an “n”-shaped handle, onto which a ribbon bow and hangtag is tied. Item number A019RA00211 contains a jar of thyme, basil, oregano flakes, ground black pepper, garlic powder, red chili flakes, parsley flakes and rosemary. The eight jars are set slantingly in a steel rack with a wood base. The jars are covered in plastic and the rack is wrapped with a ribbon tied in a bow on the top with an ingredients tag attached.
The applicable subheading for garlic powder will be 0712.90.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder…other vegetables… garlic…powder or flour. The duty rate will be 29.8 percent ad valorem.
The applicable subheading for garlic flakes will be 0712.90.4040, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder…other vegetables… garlic…other. The duty rate will be 29.8 percent ad valorem.
The applicable subheading for parsley flakes will be 0712.90.6500, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder…other vegetables… fennel, marjoram, parsley, savory and tarragon…other…parsley. The duty rate will be 3.8 percent ad valorem.
The applicable subheading for black peppercorn will be 0904.11.0020, HTSUS, which provides pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) … pepper of the genus Piper …neither crushed nor ground…black. The duty rate will be free.
The applicable subheading for white peppercorn will be 0904.11.0040, HTSUS, which provides pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) … pepper of the genus Piper …neither crushed nor ground…white. The duty rate will be free.
The applicable subheading for ground black pepper will be 0904.12.0000, HTSUS, which provides pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) … pepper of the genus Piper … crushed or ground. The duty rate will be free.
The applicable subheading for red chili flakes will be 0904.20.6090, HTSUS, which provides pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice) … fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), dried… of the genus Capsicum…other…other. The duty rate will be 2.5 cents per kilogram.
The applicable subheading for coriander seeds will be 0909.20.0000, HTSUS, which provides seeds of anise, badian, fennel, coriander, cumin…seeds of coriander. The duty rate will be free.
The applicable subheading for thyme will be 0910.99.0600, HTSUS, which provides ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices… other spices…other…thyme. The duty rate will be 4.8 percent ad valorem.
The applicable subheading for basil will be 1211.90.9140, HTSUS, which provides 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 duty rate will be free.
The applicable subheading for rosemary will be 1211.90.9190, HTSUS, which provides 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…other. The duty rate will be free.
The applicable subheading for coarse salt will be 2501.00.0000, HTSUS, which provides salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents. The duty rate will be free.
The applicable subheading for steel racks will be 7323.99.9080, HTSUS, which provides 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 oregano flakes. Your request for a classification ruling should identify the botanical name and steps in processing of oregano flakes. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division