The tariff classification of spices from Canada.

NY D83074 October 28, 1998 CLA-2-07:RR:NC:2:231 D83074 CATEGORY: Classification TARIFF NO.: 0712.20.4000; 0712.90.4040; 0712.90.6500; 0904.12.0000; 0904.20.6090; 0910.99.4000; 1211.90.8040; 1211.90.8090 Mr. Frank Murphy Norman G. Jensen, Inc. P.O. Box 8008 3030 Commerce Drive Port Huron, MI 48061-8008 RE: The tariff classification of spices from Canada. Dear Mr. Murphy: In your letter, dated September 24, 1998, you have requested a tariff classification ruling on behalf of your client, Au Printemps Gourmet Fin d'Hiver, Inc., Shawbridge/Prevost, Quebec. The sample that you have submitted with your letter has been examined and destroyed. The merchandise is comprised of eight spices that are packaged for retail sale. The spices are crushed chili, rosemary, minced onion, basil, parsley flakes, minced garlic, oregano, and ground black pepper. The packing consists of eight glass bottles with tops and a metal wire rack. Each glass bottle measures 3 5/8 inches in height (excluding the top) and 1 1/8 inch square at the base. The shoulder tapers into a neck that flares out to form a slight lip. The cork stopper on each bottle has a plastic top that simulates wood. The top of each stopper displays a colored, plastic representation of the spice that is contained within the bottle. A label on each bottle identifies the spice, weight in grams and ounces, and country of origin of the spice. Canada is the country of origin of all the spices. The bottom of each bottle displays a "MADE IN CHINA" sticker that identifies the country of origin of the glass bottle. The wire rack holds four bottles in the top row and four bottles in the bottom row. The wire rack is made in China. The applicable subheading for minced onion will be 0712.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, onions, other. The general rate of duty will be 22.5 percent ad valorem. The applicable subheading for minced garlic will be 0712.90.4040, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, garlic, other. The general rate of duty will be 31.5 percent ad valorem. The applicable subheading for parsley flakes will be 0712.90.6500, HTS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, other vegetables; mixtures of vegetables, fennel, marjoram, parsley, savory and tarragon, other, parsley. The general rate of duty will be 4.5 percent ad valorem. The applicable subheading for ground black pepper will be 0904.12.0000, HTS, which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), pepper of the genus Piper, crushed or ground. The rate of duty will be free. The applicable subheading for crushed chili will be 0904.20.6090, HTS, which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or ground fruits of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, not ground, other. The general rate of duty will be 3.5 cents per kilogram. The applicable subheading for oregano will be 0910.99.4000, HTS, which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices, other spices, other, origanum (Lippia spp.), other. The general rate of duty will be 3.4 percent ad valorem. The applicable subheading for basil will be 1211.90.8040, HTS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered, other, other, basil. The rate of duty will be free. The applicable subheading for rosemary will be 1211.90.8090, HTS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered, other, other, other, other. The rate of duty will be free. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division