The tariff classification of chili powder blends from various countries.

N024368 March 20, 2008 CLA-2-09:OT:RR:NC:SP:231 CATEGORY: Classification TARIFF NO.: 0904.20.7600; 2103.90.8000 Ms. Jennifer Osterhaus McCormick & Company, Inc. 18 Loveton Circle Sparks, MD 21152-6000 RE: The tariff classification of chili powder blends from various countries. Dear Ms. Osterhaus: In your letter dated March 4, 2008, you requested a tariff classification ruling. Samples representing six different “chili powder blends” were submitted for our examination. All are reddish powders consisting of ground pepper fruits of the genus Capsicum blended with one or more other ingredients. Their respective compositions are indicated below, with numerical percentages (ranges) by weight shown in parentheses following each ingredient. Sample #1 (“Chili Powder”) consists of chili pepper (94-99) and Sylox (silicon dioxide) (1-5). Sample #2 (“Chili Powder”) consists of chili pepper (80-90), Sylox (1-5), garlic (5-10), and salt (1-5). Sample #3 (“Chili Powder”) consists of chili pepper (70-80), Sylox (1-5), garlic (1-5), onion (1-5), and salt (10-15). Sample #4 (“Chili Powder”) consists of chili pepper (80-90), Sylox (1-5), garlic (1-5), onion (1-5), salt (1-5), and cumin (1-5). Sample #5 (“Chili Powder”) consists of chili pepper (60-70), Sylox (1-5), garlic (5-10), onion (5-10), and salt (10-15). Sample #6 (“Chili Seasoning”) consists of chili pepper (65-75), Sylox (1-5), garlic (1-5), onion (1-5), salt (5-10), cumin (1-5), red pepper (1-5), oregano (1-5), and oleo capsicum (1-5). The applicable subheading for the “Chili Powder” represented by Sample #1 will be 0904.20.7600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruits of the genus Capsicum … dried or crushed or ground … other: ground: other. The general rate of duty will be 5 cents per kilogram. The applicable subheading for all of the remaining products (samples 2 through 6) will be 2103.90.8000, HTSUS, which provides for mixed condiments and mixed seasonings … other. The general 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. 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 Nathan Rosenstein at 646-733-3030. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division