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NY J89833

November 17, 2003
CLA-2-22:RR:NC:SP:232 J89833


TARIFF NO.: 2209.00.0000

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

RE: The tariff classification of a Cruet Set from China

Dear Mr. Gat:

In your letter dated October 13, 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-206141, an oil and vinegar, or cruet, 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-206141 is a cruet set which consists of two 10-inch tall glass bottles. The bottled have ovoid bottoms, 3½ inches by 2 inches, and taper gradually to a round, 1-inch diameter, neck. Both bottle necks have a copper-colored coil wrapped around them, and a similarly colored metal ornament dangles from it. One has a leaf and one has a heart. These are packaged together in a metal holder (the invoice says it is chrome but the sample appears to be copper) to make one retail item. The holder has a circular base from which two curved rods rise and loop back to form a handle for carrying ease. A third rod is attached near the top of the handle and is curved to form metal loops encircling the necks of the bottles.

One bottle contains “onion carrot infused oil”, a yellow liquid that has visible carrots and spices floating within. It is said to consist of canola oil, dehydrated green onions and carrots, and flavors. The other half of the set is a yellow liquid called “green olive, rosemary, chili infused vinegar” that has visible orange chili rings, sliced green olives and rosemary sprigs floating within. It is described as containing distilled white vinegar, with an acetic acid content of 6 percent, green olives, rosemary, and orange chili slices.

For classification purposes this item is considered a set. It is determined that there is no essential character to this set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-206141, cruet 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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