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NY N013862




July 12, 2007

CLA-2-21:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

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

RE: The tariff classification of seasonings from China

Dear Mr. Barbella:

In your letter dated June 29, 2007, you requested a tariff classification ruling.

Ingredients breakdowns for five products were submitted with your letter. Unlabeled samples, submitted with earlier correspondence, were examined and disposed of. The products are seasonings, packaged for retail sale in disposable glass bottles with plastic grinder caps. Potato Seasoning consists of coarse sea salt, chopped garlic, paprika, whole black peppercorns, oregano flakes, thyme, and lemon peel. Tuscan Grill Seasoning contains coarse sea salt, chopped garlic, fennel seed, chopped onion, coarse sugar (7 percent), cayenne pepper, oregano flakes, rosemary, sage, bay leaf, thyme, basil, and marjoram. Seafood Seasoning contains coarse sea salt, chopped garlic, whole black peppercorns, chopped onion, dill weed, fennel seed, parsley flakes, lemon peel, and dill seed. Spicey Sea Salt contains coarse sea salt, crushed red pepper, cracked black peppercorns, Szechuan pepper, and green bell pepper. Steak Seasoning contains minced garlic, sea salt, whole black peppercorns, minced onion, crushed red pepper, yellow mustard seed, coriander seed, and parsley flakes.

The applicable subheading for these five products 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/.

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.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you submitted are not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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.

Sincerely,

Robert B. Swierupski
Director,

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