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NY G80615

August 30, 2000

CLA-2-22:RR:NC:SP:232 G80615


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 Product OV-200922 from China

Dear Mr. Harper

In your letter dated July 14, 2000, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and specifications, and a sample with your request. As the sample appears to be a prototype, the actual weight of the contents of each item is not specified.

The merchandise in question is Product OV-200922, a cruet, or oil and vinegar set: a retail unit which consists of two 9 inch tall, 2 ½ inch diameter bottles packaged together in a base metal mesh basket which has a 12 inch tall tubular metal handle with a wooden dowel grip. There is a horizontal bar which supports the bottles and to which the bottles are tied at the neck. A bar also divides the basket into two sections to keep the bottles apart. One bottle contains a yellow liquid that is said to be “Rosemary & Pignoli Infused Oil”. It is stated to be canola oil, rosemary, pignoli, and black peppercorns. It has visible rosemary sprigs and some pine nuts, or pignoli, and black peppercorns floating within. The second bottle is stated to contain “Chili, Pearl Onion & Thyme Infused Vinegar”: flavored white vinegar that, in addition to chilies, has 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.

For classification purposes this item is considered as a set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-200922, an oil and vinegar set, 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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