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NY G80498

August 23, 2000

CLA-2-22:RR:NC:SP:232 G80498


TARIFF NO.: 2209.00.0000

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 E. 2nd Street – Suite #4
Long Beach, CA 90803

RE: The tariff classification of Oil & Vinegar Sets from China

Dear Mr. Harper:

In your letter dated June 28, 2000, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and specifications, and samples with your request. The merchandise in question is three varieties of oil and vinegar, or cruet, sets. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified. Each of the products has a “Cuisine Collection” 18-page pamphlet of recipes appended to it.

Product OV-201361 is an oil and vinegar set which consists of three small (7 inches tall, 1-¼ inches wide) bottles with curved sides that complement each other when fit together. All have raffia tied around the bottle neck. These are packaged together, blister packed and in a red metal basket with a tubular metal handle for ease of transport, making one retail item. One bottle contains “rosemary and pignoli infused oil” a yellow liquid which has visible rosemary sprigs and some pine nuts, or pignoli, and peppercorns floating within. It is stated to be canola oil, rosemary, pine nuts, and black
peppercorns. Another bottle is said to contain red wine vinegar with pearl onions. This is a red liquid that has some onions visible on the bottom. The third bottle contains “chili, pearl onion & thyme infused vinegar”, a yellow liquid which, in addition to chilies, contains visible condiments such as thyme and some pearl onions. It is described as distilled white vinegar, with an acetic acid content of 6 percent, chili peppers, pearl onions, thyme, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate.

Product OV-201362 is a cruet set which consists of two 9-inch tall nesting hemispherical glass bottles with cork stoppers, glass loops as handles at the neck, and pouring spout shaped rims. These are packaged together and tied with twine to make one retail item. The twine is also looped from the cruet handles for carrying ease. One bottle contains chili-flavored oil, a red liquid that has visible chilies and spices floating within. It is said to consist of canola oil, dehydrated chili peppers, black peppercorns, paprika, and flavor. The other half of the set is a yellow liquid called rosemary flavored white vinegar, which has visible condiments such as a few rosemary sprigs and some mustard seeds. It is described as distilled white vinegar, with an acetic acid content of 6 percent, mustard seeds, rosemary, and balsamic vinegar.

Product OV-201363 is an oil and vinegar set which consists of two 8-½ inch tall bottles. Both have raffia tied around the bottle neck, from which is suspended a sunburst-shaped ornament. These are packaged together, in a red metal basket or rack with a double tubular metal handle for ease of transport. There is also a horizontal bar which supports the bottles at the neck, and a PVC and wooden base fitted to and supporting the bottles to secure them in the rack. One bottle is stated to consist of extra virgin olive oil. The other bottle is said to contain balsamic vinegar.

For classification purposes these three items are considered as sets. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-201361, Product OV-201362, and Product OV-201363, oil and vinegar sets, will be 2209.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Vinegar and substitutes for vinegar obtained from acetic acid. The rate of duty will be 0.5 cents per proof liter.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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) 637-7059.


Robert B. Swierupski

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