The tariff classification of Oil and Vinegar from China

NY F85383 April 18, 2000 CLA-2-22:RR:NC:SP:232 F85383 CATEGORY: Classification TARIFF NO.: 1509.10.2000; 2209.00.0000 Mr. Justin Harper Shonfeld’s (USA), Inc. 4720 E. 2nd Street – Suite #4 Long Beach, CA 90803 RE: The tariff classification of Oil and Vinegar from China Dear Mr. Harper: In your letter received on April 3, 2000, you requested a tariff classification ruling. You submitted descriptive literature, product photographs and specifications, and samples with your request. The merchandise in question is several varieties of oil and vinegar. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified. Product OVG-200807 consists of a 14 inch tall squared bottle, approximately 2 inches per side at the base, containing a yellow fluid which is said to be extra virgin olive oil. There is a bit of raffia tied around the bottle neck, and the front of the bottle is etched with an olives and leaves design in three colors, with the words “olive oil” etched in red along the front base of the bottle. For retail purposes, the bottle is then enclosed in a cardboard box with an open front for viewing the contents. Product OVG-200805 consists of a similarly shaped14 inch tall squared bottle, approximately 2 inches per side at the base, containing a red liquid that is said to be red wine vinegar. There is raffia tied around the bottle neck, and the front of the bottle is  etched, in this case, with a grapes and leaves design in three colors, with the words “red wine vinegar” etched in purple along the front base of the bottle. For retail purposes, the bottle will be enclosed in a cardboard box with an open front for viewing the contents. Product OV-200173 is an oil and vinegar, or cruet, set which consists of three small (7 inches tall, 1 ¼ inches wide) bottles with curved sides which complement each other when fit together. All have raffia tied around the bottle neck. These are packaged together, blister packed and in a metal basket with a tubular metal handle for ease of transport. The whole is then enclosed in a cardboard box with an open front for viewing the contents, making one retail item. One bottle contains “rosemary and pignoli infused oil” a yellow liquid which is stated to be rosemary and pignoli flavored canola oil. It has visible rosemary sprigs and some pine nuts, or pignoli, and black peppercorns floating within. Another bottle is said to contain red wine vinegar with pearl onions, a red liquid which has some onions visible on the bottom. The third bottle contains “chili, pearl onion & thyme infused vinegar”: flavored white vinegar which, in addition to chilies, is filled with visible condiments such as thyme and some pearl onions. It is described as distilled white vinegar, with an acetic acid content of 6 percent, chili peppers, pearl onions, thyme, salt, citric acid, sodium sulfite, sodium benzoate, and potassium sorbate. The applicable subheading for Product OVG-200807, extra virgin olive oil, will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on the contents and the container. The applicable subheading for Product OVG-200805, red wine vinegar, 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. For classification purposes Product OV-200173 is considered a set. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-200173, an 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 (212) 637-7059. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division