NY A85662

July 25, 1996

CLA-2-12:RR:NC:FC:231 A85662

CATEGORY: Classification

TARIFF NO.: 1207.91.0000; 7013.99.5000

Ms. Pat Fraser

Au Printemps Gourmet Fin d\'Hiver, Inc.

2875 Labelle

P.O. Box 388

Shawbridge/Prevost, Quebec J0R 1T0

Canada

RE: The tariff classification and status under the North American Free
Trade Agreement (NAFTA) of spice art products from Canada; Article 509

Dear Ms. Fraser:

In your letter, dated June 25, 1996, you have requested a ruling on the
status of spice art products from Canada under the NAFTA.

The submitted sample is a large, decorative, reusable 1 liter sunflower
shaped bottle that contains specific vegetable products. The bottle is
not of a kind normally used for packing such goods, and is clearly
suitable for repetitive use. Your breakdown lists the value of the empty
bottle as \$1.88. The ingredients are allspice, fennel seeds, poppy
seeds, minced garlic, crushed anise, fenugreek, crushed chili,
coriander, dillweed tops, and sesame seeds. These seeds and spices are
in layers inside the bottle. You describe the article as a spice art
product that is commercially designed to be used for human consumption
or display purposes.

In your correspondence you indicate that the glass bottle is
manufactured in Canada. In your telephone conversation you have stated
that all of the raw materials that are used to make the glass bottle are
of Canadian origin. The countries of origin of the vegetable products
are as follows:

allspice Jamaica

fennel seeds Egypt

poppy seeds Netherlands

garlic USA

crushed chili India

crushed anise Egypt

fenugreek Greece

dillweed tops USA

coriander Canada

sesame seeds Guatemala

The applicable subheading for the vegetable products will be
1207.91.0000, Harmonized Tariff Schedule of the United States (HTS),
which provides for other oil seeds and oleaginous fruits, whether or not
broken, other, poppy seeds. The rate of duty will be 0.11 cents per
kilogram.

Since the poppy seeds are the last named in the HTS, the tariff
classification of all of the vegetable products will be governed by the
classification of the poppy seeds. Since the poppy seeds originate from
the Netherlands, neither NAFTA, nor GSP apply to any of the vegetable
products.

The applicable subheading for the bottle will be 7013.99.5000, HTS,
which provides for glassware of a kind used for table, kitchen, toilet,
office, indoor decoration or similar purposes (other than that of
heading 7010 or 7018), other glassware, other, other, other, valued over
\$0.30 but not over \$3 each. The general rate of duty will be 30
percent ad valorem.

The glass bottle, being wholly obtained or produced entirely in the
territory of Canada, will meet the requirements of HTSUSA General Note
12(b)(i), and will therefore be entitled to a 6 percent ad valorem rate
of duty under the NAFTA upon compliance with all applicable laws,
regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the
Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued
and may be relied on only by that party.

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,

Roger J. Silvestri

Director

National Commodity

Specialist Division