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NY N011459

June 4, 2007



TARIFF NO.: 0904.11.0020; 2103.90.8000; 2501.00.0000

Mr. Ernest Barbella
PHS Group
223 Underhill Blvd.
Syosset, NY 11791

RE: The tariff classification of spices and seasonings from China

Dear Mr. Barbella:

In your undated letter, received by this office on May 18, 2007, you requested a tariff classification ruling.

Twelve samples, submitted with your letter, were examined and disposed of. The products are spices and seasonings packaged for retail sale in disposable glass or plastic bottles with grinder caps. Black Peppercorns and Sea Salt are presented in two different packings – plastic bottles containing 5.7 ounces (peppercorns) or 12 ounces (salt), net weight, with permanently affixed metal and plastic grinder caps, and in glass bottles containing 1.7 ounces (peppercorns) or 2.64 ounces (salt), net weight, with removable plastic grinder caps. The remaining products are presented in glass bottles with removable plastic grinder caps, containing from 1.05 to 3.6 ounces, net weight, depending on variety. According to the product labels, the contents of each product are:

Lemon Pepper Seasoning: black peppercorns, lemon peel, coarse sea salt, citric acid, lemon flavor

Italian Spice: black peppercorns, chopped garlic, chopped onion, tomato, rosemary, coarse sea salt, crushed red pepper, parsley, oregano, basil, thyme

Cajun Fire Seasoning: black peppercorns, chopped garlic, coarse sea salt, paprika, cayenne pepper, mustard seed, chopped onion, basil, oregano, thyme, white peppercorns, celery seed, green bell pepper, red bell pepper, chopped red chili

Garlic Pepper Seasoning: black peppercorns, chopped garlic, coarse sea salt, crushed red pepper, crushed green bell pepper

Onion Pepper Seasoning: coarse sea salt, black peppercorns, chopped onion

Garlic Sea Salt Seasoning: coarse sea salt, dehydrated garlic

The applicable subheading for the Black Peppercorns will be 0904.11.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piperneither crushed nor groundblack. The rate of duty will be free.

The applicable subheading for the Sea Salt will be 2501.00.0000, HTSUS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents. The rate of duty will be free.

The applicable subheading for the Lemon Pepper Seasoning, Italian Spice, Cajun Fire Seasoning, Garlic Pepper Seasoning, Onion Pepper Seasoning, and Garlic Sea Salt Seasoning will be 2103.90.8000, HTSUS, which provides for mixed condiments and mixed seasoningsother. The rate of duty will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the Onion Sea Salt and the Chinese Five Spice products. For both products, your request for a classification ruling should include a breakdown of the ingredients, by weight. When this information is available, you may wish to consider resubmission of your request.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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