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NY J86638

July 29, 2003

CLA-2-22:RR:NC:SP:232 J86638


TARIFF NO.: 2209.00.0000

Mr. Shachar Gat
Shonfeld’s USA
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of an Oil and Vinegar Set from China

Dear Mr. Gat:

In your letter dated June 26, 2003, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs, and a mock-up product sample with your request. The subject merchandise is Product OV-204968, an oil and vinegar, or cruet, set marketed as a “Tuscan Salad Set.” As the package submitted appears to be a prototype, the product when imported may not be exactly as shown in the sample, and the actual weight of the contents of each item is not specified.

Product OV-204968 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 350 ml of chili-flavored oil, a yellow liquid that has visible chilies and spices floating within. It is said to consist of canola oil, rosemary, pine nuts, black peppercorns, and chili peppers. The other half of the set is 350 ml of a red liquid called red wine vinegar, with pearl onions. It is described as red wine vinegar, with an assumed acetic acid content of 6 percent.

For classification purposes this item is considered a set. It is determined that there is no essential character to this set. Accordingly, as per the guidelines set forth by GRI 3 (c), the applicable subheading for Product OV-204968, 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 646-733-3031.


Robert B. Swierupski

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