The tariff classification of Oil & Vinegar Sets from China

NY F85391 April 18, 2000 CLA-2-22:RR:NC:SP:232 F85391 CATEGORY: Classification TARIFF NO.: 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 & Vinegar Sets 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 four 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 OV-200178 is an oil and vinegar, or cruet, set which consists of two (11 inch tall, 2 inch diameter) bottles. Both have raffia tied around the bottle neck, from which is suspended a sunburst-shaped ornament. These are packaged together, in a metal basket or rack with a double tubular metal handle for ease of transport There is also a horizontal bar which supports the bottles at the neck, and a PVC base fitted to and supporting the bottles to secure them in the rack. The whole is then enclosed in a cardboard box with an open front for viewing the contents, making one retail item. One two toned 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. The other bottle is clear and contains “chili, pearl onion & thyme infused vinegar”: flavored white vinegar which, in addition to chilies, has 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. Product OV-200977 is an oil and vinegar set which consists of two 8 ½ inch tall bottles. Both have raffia tied around the bottle neck, from which is suspended a sunburst-shaped ornament. These are packaged together, in a metal basket or rack with a double tubular metal handle for ease of transport There is also a horizontal bar which supports the bottles at the neck, and a PVC base fitted to and supporting the bottles to secure them in the rack. One bottle contains “rosemary and garlic oil” which is stated to consist of canola oil, minced garlic, and rosemary. It has visible rosemary sprigs floating within. The other bottle is said to contain red wine vinegar. Product OV-200174 is an oil and vinegar set which consists of three small (8 inches tall, 2 inches in diameter at the widest point) pear-shaped bottles. All have raffia tied around the bottle neck. These are packaged together in a metal basket with a tubular metal handle for ease of transport. There is also a horizontal bar which supports the bottles at the neck, and a PVC base fitted to and supporting the bottles to secure them in the rack. The whole is intended to be one retail item. One of the bottles 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 a red liquid which is said to be red wine vinegar. The third bottle contains “chili, pearl onion & thyme infused vinegar”, flavored white vinegar which, in addition to chilies, has 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. Product OV-200804 is an oil and vinegar set which consists of three 8 ½ inch tall bottles, all of which have raffia tied around the bottle neck from which is suspended a sunburst-shaped ornament. These are packaged together in a metal basket or rack with a double tubular metal handle for ease of transport There is also a horizontal bar which supports the bottles at the neck, and a PVC base fitted to and supporting the bottles to secure them in the rack. The whole is intended to be one retail item. One two-toned 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, has 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. For classification purposes, all these items are considered as sets. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product OV-200178, Product OV-200977, Product OV-200174, and Product OV-200804, oil and vinegar sets, 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