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HQ 085041

September 27, 1989

CLA-2 CO:R:C:G 085041 DRR 841359


TARIFF NO. 2209.00.0000

Ms. Marjorie Shaw
International Trade Center
P.O. Box 940, Station M
1496 Lower Water Street
Halifax, Nova Scotia B3J 2V9 Canada

RE: Reconsideration of NYRL 841536

Dear Ms. Shaw:

This is in further response to your letter dated May 16, 1989, requesting the classification of herbal oils and herbal vinegars, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The merchandise at issue consists of herbal oils and herbal vinegars. The herbal oils consist of 97 percent pure extra virgin olive oil from Greece and 3 percent Canadian grown herbs. The herbal vinegars are made of 97 percent red or white Canadian vinegar combined with 1 percent Canadian herbs such as tarragon, dill or basil. The products are packaged in glass bottles containing 150 or 350 milliliters, which are sold either individually or in gift packages. New York Ruling No. 841536, issued on June 5, 1989, classified the herbal oils and vinegars, whether sold individually or together in sets, under subheading 2103.90.6060, HTSUSA, which provides for mixed condiments and mixed seasonings.


Whether the vinegars and oil and vinegar gift packages at issue are classifiable under subheading 2103.90.6060, HTSUSA or subheading 2209.00.0000, HTSUSA.


Vinegar and vinegar substitutes are provided for under subheading 2209.00.0000, HTSUSA. The Explanatory Notes to heading 2209 state that vinegar and substitutes for vinegar may themselves be flavored with vegetables such as tarragon or contain added spices.

The oils and vinegars are also available packaged together, one bottle of each. The classification of sets is determined by General Rule of Interpretation (GRI) 3. GRI 3(b) provides that composite goods and goods in sets become classifiable as if they consisted wholly of the material or component which gives them their essential character. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes for GRI 3(b) state that the goods put up in sets for retail sale are those which consist of at least two different articles which are classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repacking.

The gift packages at issue consist of two articles classifiable under different headings. The herbal oils are classifiable under heading 2301. The herbal vinegars are classifiable under heading 2209. The articles are put up together for the purpose of seasoning salads or other foods and are ready for retail sale without repacking. Therefore, we conclude that the gift packs are a set.

Having determined that the gift package is a set, we must next determine the essential character in order to classify the item under GRI 3(b). Neither the vinegar or oil can be said to give the combination its essential character. Accordingly, classification of the sets at issue is determined by GRI 3(c). The sets are therefore classifiable under whichever heading appears last in the tariff.


The vinegars and oil and vinegar sets at issue are classified pursuant to GRI 3(c), HTSUSA, under subheading 2209.00.0000, HTSUSA.

NYRL 841536 is hereby modified accordingly.


John Durant, Director

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