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NY 871090

March 3, 1992

CLA-2-09:S:N:N1:231 871090


TARIFF NO.: 0712.90.4040, 0904.11.0020, 0908.10.0000, 0910.99.2000 and 1211.90.8050

Mr. Theodore Davidov
Coda International Ltd.
2101 Connecticut Avenue N.W.
Washington, D.C. 20008

RE: The tariff classification of a spice grinder set from Italy

Dear Mr. Davidov:

In your letter dated January 29, 1992 you requested a tariff classification ruling.

The product, a spice grinder set, consists of six herbs and spices (garlic flakes, black pepper corns, nutmeg, oregano, green pepper corns and sage) packaged individually in grinders within a wooden holder. The plastic grinder is permanently attached to the glass container, which contains the herb or spice. The grinder is not refillable, when empty the complete unit is thrown away.

The applicable subheadings for the disposable grinder set will be as follows:

The garlic flakes in 0712.90.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: garlic, other. The rate of duty is 35 percent ad valorem.

The black pepper corns in 0904.11.0020, HTS, which provides for pepper of the genus Piper: neither crushed nor ground: black. The rate of duty will be free.

The nutmeg in 0908.10.0000, HTS, which provides for nutmeg, mace and cardamoms: nutmeg. The rate of duty is free.

The oregano in 0910.99.2000, HTS, which provides for other spices: origanum (Lippia spp.): crude or nut manufactured. The rate of duty is free.

The green pepper corns in 0910.99.6000, HTS, which provides for other spices: other. The rate of duty is 3 percent ad valorem. In addition subheading 9903.10.15, HTS, (Temporary Modifications Established Pursuant to Trade Legislation) allows for a reduced duty rate of 2.3 percent ad valorem through December 31, 1992.

The sage in 1211.90.8050, HTS, 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: sage. The rate of duty is free.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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