CLA-2-07:RR:NC:2:231 F89163
Mr. Justin Harper
Shonfeld’s (USA), Inc.
57 Romanelli Avenue
South Hackensack, NJ 07606
RE: The tariff classification spices, mixed seasonings/condiments, dried vegetables, and rosemary pine nut oil, packed in metal racks, from China.
Dear Mr. Harper:
In your letter, dated June 28, 2000, you requested a classification ruling.
The merchandise is described thus:
“Shonfeld’s” brand, “Shopko” (item SP-201352), is comprised of 8 spices, mixed seasonings/condiments, and dried vegetables that are packed with a bottle of rosemary pine nut oil. The spices, seasonings/condiments and dried vegetables are packed in 8 glass tubes (measuring 6 inches in height and 7/8 inch in diameter) with cork stoppers (measuring 1 inch in height and 7/8 inch in diameter). The rosemary pine nut oil is packed in a glass bottle that measures 10 ¼ inches in height and 2 inches in diameter at the base. The eight glass tubes holding the spices and seasonings are arranged concentrically around the bottle of infused oil in a circular metal rack. The rack measures 6 inches in height and 5 inches in diameter. The bottle of infused oil is secured to the metal rack with a textile cord and a polyvinyl chloride (PVC) top. The PVC top and adhesive tape secure the test tubes to the rack. The items are described thus:
SPICE:
CRUSHED RED PEPPER: 100 percent crushed, red chili peppers; products of China.
MIXED SEASONINGS/CONDIMENTS:
PEPPER BLEND: 75 percent white fine salt, 25 percent black pepper powder; products of China.
CURRY BLEND: 80 percent white fine salt, 10 percent curry powder, 10 percent fennel seed; products of China.
MUSTARD SEED BLEND: 60 percent mustard seeds, 20 percent crushed red pepper, 20 percent minced onion; products of China.
PEPPER ONION MIX: 80 percent minced onion, 10 percent whole black pepper, 10 percent crushed red pepper; products of China.
DRIED VEGETABLES:
CORIANDER FLAKES: 100 percent coriander flakes; products of China.
MINCED ONION: 100 percent dehydrated minced onion; product of China.
VEGETABLE MIX: 50 percent green onion flakes, 50 percent carrot flakes; products of China.
“ROSEMARY E PIGNOLI INFUSED OIL” (rosemary pine nut oil): dried rosemary (product of Israel), pine nut (product of China), black peppercorns (products of China), and canola oil (product of Canada); assembled in China.
“Shonfeld’s” brand, “Shopko” (item SP-201353, is comprised of 12 spices, mixed seasonings/condiments, and dried vegetables (all products of China). The spices, seasonings/condiments and dried vegetables are packed in 12 glass jars (measuring 3 inches in height and 2 ½ inches in width) with decorative tops (in the shape of the spice enclosed within the jar). The 12 jars holding the spices and seasonings are arranged in a circular pattern in two tiers in a circular metal rack. The rack measures 9 inches in height and 10 inches in diameter at the base. A plastic outer covering and adhesive tape secure the jars to the rack. The items are described thus:
SPICES:
CRUSHED RED PEPPER: 100 percent crushed, red chili peppers.
CORIANDER SEEDS: 100 percent coriander seeds.
GROUND CINNAMON: 100 percent ground cinnamon.
MIXED SEASONINGS/CONDIMENTS:
PEPPER BLEND: 75 percent white fine salt, 25 percent black pepper powder.
CURRY BLEND: 80 percent white fine salt, 10 percent curry powder, 10 percent fennel seed.
MUSTARD SEED BLEND: 60 percent mustard seeds, 20 percent crushed red pepper, 20 percent minced onion.
PEPPER ONION MIX: 80 percent minced onion, 10 percent whole black pepper, 10 percent crushed red pepper.
SESAME CORIANDER MIX: 75 percent sesame seed, 25 percent coriander flakes.
DRIED VEGETABLES:
CORIANDER FLAKES: 100 percent coriander flakes.
MINCED ONION: 100 percent dehydrated minced onion.
VEGETABLE MIX: 50 percent green onion flakes, 50 percent carrot flakes.
VEGETABLE MIX: 33.3 percent dehydrated red bell peppers, 33.3 percent green bell peppers, 33.3 percent minced onion.
Shonnfeld’s brand, “Shopko” (item SP-201354), is comprised of 10 spices, mixed seasonings/condiments, and dried vegetables (all products of China). The spices, seasonings/condiments and dried vegetables are packed in 10 glass jars (measuring 4 inches in height and 1 ½ inches in width) with metal caps. The 10 glass jars holding the spices and seasonings are arranged in two tiers in a metal rack. A PVC top secures the jars to the rack. The items are described thus:
SPICES:
CRUSHED RED PEPPER: 100 percent crushed, red chili peppers.
CORIANDER SEEDS: 100 percent coriander seeds.
MIXED SEASONINGS/CONDIMENTS:
PEPPER BLEND: 75 percent white fine salt, 25 percent black pepper powder.
CURRY BLEND: 80 percent white fine salt, 10 percent curry powder, 10 percent fennel seed.
MUSTARD SEED BLEND: 60 percent mustard seeds, 20 percent crushed red pepper, 20 percent minced onion.
PEPPER ONION MIX: 80 percent minced onion, 10 percent whole black pepper, 10 percent crushed red pepper.
SESAME CORIANDER MIX: 75 percent sesame seeds, 25 percent coriander flakes.
DRIED VEGETABLES:
CORIANDER FLAKES: 100 percent coriander flakes.
MINCED ONION: 100 percent dehydrated minced onion.
VEGETABLE MIX: 50 percent green onion flakes, 50 percent carrot flakes.
The applicable subheading for ground cinnamon will be 0906.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cinnamon and cinnamon-tree flowers, crushed or ground. The rate of duty will be free.
The applicable subheading for crushed red pepper will be 0904.20.6090, HTS, which provides for 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 (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, other. The rate of duty will be 2.5 cents per kilogram.
The applicable subheading for the pepper blend, curry blend, mustard seed blend, pepper onion mix, sesame coriander mix, and rosemary pine nut oil, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings, other. The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for coriander flakes and vegetable mixes 1 and 2 will be 0712.90.8080, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, other. The rate of duty will be 8.3 percent ad valorem.
The applicable subheading for minced onion will be 0712.20.4000, HTS, 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 coriander seeds will be 0909.20.0000, HTS, which provides for seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries, seeds of coriander. The rate of duty will be free.
The applicable subheading for metal racks will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of 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.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division