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NY A83100

May 28, 1996

CLA-2-21:K:C:A3:E04 A83100


TARIFF NO.: 1209.91.2000: 7013.99.8000

Mrs. Pat Fraser
Au Printemps Gourmet Fin d'Hiver, Inc.
2875 Labelle
P.O. Box 388
Shawbridge/Provost, Quebec JOR 1TO

RE: The tariff classification of spice art products from Canada.

Dear Mrs. Fraser:

In your letter dated April 17, 1996, you requested a tariff classification ruling. The submitted sample is a large, decorative, reusable 1.5 liter rectangular bottle that contains specific vegetable products. The bottle is not of a kind normally used for packing such goods, and is clearly suitable for repetitive use. Your breakdown lists the value of the empty bottle as $3.26. The ingredients are mustard seeds, parsley, fenugreek, poppy seeds, celery seeds, sesame seeds, crushed chili, dill, and minced garlic. These seeds and spices are in layers inside the bottle. You describe the article as a spice art product that is commercially designed to be used for human consumption or display purposes.

The applicable subheading for the vegetable products will be 1209.91.2000, HTSUS, which provides for seeds, fruits and spores, of a kind used for sowing: other: vegetable seeds: celery. The general rate of duty is free.

The applicable subheading for the bottle will be 7013.99.8000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than of heading 7010 or 7018: other glassware: other: other: other: valued over $3 each: other: valued over $3 but not over $5 each. The general rate of duty will be 14.3 percent ad valorem.

This ruling is being issued under the provisions of Part 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.


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