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NY C86656

April 28, 1998

CLA-2-22:RR:NC:SP:232 C86656


TARIFF NO.: 2209.00.0000

Mr. Frank M. Murphy
Norman G. Jensen, Inc.
PO Box 8008
3030 Commerce Drive
Port Huron, MI 48061-8008

RE: The tariff classification of Vinegar from Canada.

Dear Mr. Murphy:

In your letter dated April 8, 1998, on behalf of Au Printemps Gourmet Fin d'Hiver, Inc. of Quebec, Canada, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is five varieties of flavored vinegar. All are retail packaged in glass bottles sealed with corks which are covered with a soft rubbery substance, and all are said to have an acetic acid content of 5 percent. Paper hang tags detailing the ingredients and country of origin are attached with raffia to the necks of the bottles. Substantial portions of the various flavoring materials are visible.

The "Herbed Red Wine Vinegar" is in a 500 ml 14 inch tall, 2 inch diameter bottle and is said to contain red wine vinegar and herbs. The "Red Wine Vinegar", in a rectangular 7 inch tall, 1 1/4 inch square based 100 ml bottle also contains red wine and herbs. The "Lemon Thyme Vinegar" in an 8 1/2 inch tall 200 ml pyramidical bottle with a base of 2 inches square, is stated to consist of white vinegar, lemon peel, mustard seed, herbs and spices. The "Chive Pepper Vinegar" in a 200 ml 13 inch tall bottle with an oval base measuring 2 1/2 inches by 1 3/4 inches which tapers to a 1 inch diameter bottle neck, is said to contain white vinegar, chives, chili peppers, and pepper corns. The "Citrus Herb Vinegar", in a 200 ml bottle identical to that of the "Chive Pepper Vinegar", is stated to consist of white vinegar, lemon peel, thyme, mustard seeds, and chili peppers.

The applicable tariff provision for all five of the varieties of flavored vinegar will be 2209.00.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Vinegar and substitutes for vinegar obtained from acetic acid. The general rate of duty will be 0.6 cents per proof liter.

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 John Maria at 212-466-5730.


Robert B. Swierupski

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