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NY J83890

May 30, 2003

CLA-2-21:RR:NC:2:228 J83890


TARIFF NO.: 0904.20.6090, 2103.90.8000, 7323.99.9060

Mr. Shachar Gat
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of seasonings in a metal rack from China.

Dear Mr. Gat:

In your letter dated April 14, 2003, you requested a tariff classification ruling.

A sample, ingredients breakdowns, and illustrative literature were submitted with your letter. The sample was examined and disposed of. Item no. SP-204559 is comprised of a metal holder containing three 9½ inch tall bottles filled with seasonings. The Chili Flake Shake contains 100 percent chili flakes. The Rosemary Onion Shake contains 50 percent onion flakes and 50 percent rosemary flakes. And the Oregano Onion Shake contains 50 percent onion flakes and 50 percent oregano flakes.

The applicable subheading for the chili flakes will be 0904.20.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for dried crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)fruits of the genus Capsicumdried or crushed or groundof the genus Capsicum (including cayenne pepper paprika and red pepper)othernot groundother. The rate of duty will be 2.5 cents per kilogram percent ad valorem.

The applicable subheading for the Rosemary Onion Shake and the Oregano Onion Shake will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the metal rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother othernot coated or plated with precious metalotherotherother. The rate of duty will be 3.4 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 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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