Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44033 

domestic purposes: Other machinery, 

plant and equipment: For making hot 

drinks or for cooking or heating food: 

Other.’’ 

According to the Petitioner, steam 

tables, which are gas or electric powered 

machines used in commercial food 

service operations to heat and hold 

prepared food, are a type of steamheated cooker, and that steam tables are 

appropriately classified under heading 

8419, HTSUS, in reliance upon Part I 

(17) to EN 84.19, which includes 

specialized heating or cooking 

apparatus which are not normally used 

in the household (e.g., steam-heated 

cookers, hot-plates, warming cupboards, 

drying cabinets, etc.). Petitioner asserts 

that the subject steel table pans are parts 

of steam tables in reliance upon the 

notes to Section XVI, HTSUS, which 

provide, in pertinent part, that parts and 

accessories, if suitable for use solely or 

principally with a particular kind of 

machine, instrument or apparatus, or 

with a number of machines, instruments 

or apparatus of the same heading are to 

be classified with the machines, 

instruments, or apparatus of that kind. 

Petitioner advises that the subject steel 

table pans are specifically designed to 

fit within the standard size well of a 

steam table, transfer heat from the steam 

to the food, and withstand extended 

exposure to steam, and therefore, that 

the steel table pans are principally used 

with steam tables. 

Petitioner advises that CBP’s rulings 

are inconsistent. Petitioner references 

NY C87748 (May 27, 1998) in which 

Customs classified steam table pans and 

chafers of stainless steel under 

subheading 7323.93.00, HTSUS; NY 

N199500 (January 24, 2012), in which 

CBP rejected classification of chafing 

dishes heated by sterno candles under 

subheading 8419.81.90, HTSUS, 

because the unit was not mechanical; 

and, NY C88591 (July 1, 1998), in which 

Customs classified a similar chafer set 

with water pan, food pan, and cover 

under subheading 8419.81.90, HTSUS. 

According to Petitioner, unlike the 

products of NY N199500, the steel table 

pans at issue here are not excluded from 

heading 8419 because they are 

specifically designed to be used with 

electric or gas-powered steam tables. 

Petitioner notes that the subject steel 

table pans should be classified in 

accordance with NY C88591 under 

heading 8419, HTSUS. 

Analysis Used by CBP in Prior Rulings 

Note 1(f) to Section XV, HTSUS, 

provides in pertinent part that this 

section does not cover articles of section 

XVI (machinery, mechanical appliances 

and electrical goods). Subheading 

7323.93.00, HTSUS, provides, in 

pertinent part, for ‘‘Table, kitchen or 

other household articles and parts 

thereof, of iron or steel; iron or steel 

wool; pot scourers and scouring or 

polishing pads, gloves and the like, of 

iron or steel: Other: Of stainless steel.’’ 

CBP has classified stainless steel 

cookware, including chafing dishes and 

steam pans, under heading 7323, 

HTSUS, where the merchandise is not 

mechanical or electric. See NY C87748 

and NY N199500. As noted above, 

however, in NY C88591, CBP’s 

predecessor classified a chafer set with 

water pan, food pan, and cover in 

subheading 8419.81.90, HTSUS. 

Comments 

Pursuant to section 175.21 of the CBP 

Regulations (19 CFR 175.21), before 

making a determination on this matter, 

CBP invites written comments on the 

petition from interested parties. 

The domestic interested party petition 

concerning the tariff classification of 

certain steel table pans, as well as all 

comments received in response to this 

notice, will be available for public 

inspection on the docket at 

www.regulations.gov. 

Authority 

This notice is published in 

accordance with 19 U.S.C. 1516 and 

section 175.21 of the CBP Regulations 

(19 CFR 175.21). 

Troy A. Miller, the Acting 

Commissioner, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Robert F. Altneu, who is 

the Director of the Regulations and 

Disclosure Law Division for CBP, for 

purposes of publication in the Federal 

Register. 

Dated: August 6, 2021. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–17138 Filed 8–10–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[Docket No. USCBP–2020–0023] 

Receipt of Domestic Interested Party 

Petition Concerning the Tariff 

Classification of Mixtures of Dried 

Garlic and Dried Onion 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of receipt of domestic 

interested party petition; solicitation of 

comments. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) has received a petition 

submitted on behalf of a domestic 

interested party requesting the 

reclassification, under the Harmonized 

Tariff Schedule of the United States 

(HTSUS), of certain dried garlic and 

dried onion mixtures. CBP currently 

classifies the subject dried garlic and 

dried onion mixtures under subheading 

0712.90.85, HTSUS, as mixtures of 

dried vegetables. Petitioner contends 

that the proper classification for the 

subject dried garlic and dried onion 

mixtures is under subheading 

0712.90.40, HTSUS, as dried garlic. This 

document invites comments with regard 

to the correctness of the current 

classification. 

DATES: Comments must be received on 

or before October 12, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number, by the first 

method listed below: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2020–0023. 

• Mail: Due to COVID–19-related 

restrictions, CBP has temporarily 

suspended its ability to receive public 

comments by mail. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice of 

domestic interested party petition 

concerning the tariff classification of 

dried garlic and dried onion mixtures. 

All comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents, exhibits, 

or comments received, go to http://

www.regulations.gov. Due to the 

relevant COVID–19-related restrictions, 

CBP has temporarily suspended on-site 

public inspection of public comments. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Secor, Food, Textiles and 

Marking Branch, Regulations and 

Rulings, Office of Trade, U.S. Customs 

and Border Protection, at (202) 325– 

0062, or by email at tanya.j.secor@

cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A petition has been filed under 

section 516 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1516), on behalf of 

Olam West Coast Inc. (Petitioner or 

Olam), which is an agri-business and 


jbell on DSKJLSW7X2PROD with NOTICES
44034 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

supplier of food, ingredients, and raw 

materials, based in Fresno, California. 

Olam manages a wide range of 

production, processing, and supply of 

agricultural products in twelve states, 

with a majority of its operations in 

California. Olam’s largest onion and 

garlic plant is in Gilroy, California. 

Olam meets all of the requirements of a 

domestic interested party set forth in 19 

U.S.C. 1516(a)(2) and section 175.3(a) in 

title 19 of the Code of Federal 

Regulations (19 CFR 175.3(a)). 

In New York Ruling Letter (NY) 

N276018 (November 23, 2016), NY 

N276015 (November 23, 2016), NY 

N267292 (August 27, 2015), NY 

N259557 (November 28, 2014), and NY 

N256957 (September 23, 2014), CBP 

classified various mixtures of dried (also 

referred to as dehydrated) garlic and 

dried onions as mixtures of dried 

vegetables in subheading 0712.90.85 of 

the Harmonized Tariff Schedule of the 

United States (HTSUS), which provides 

for ‘‘Dried vegetables, whole, cut, sliced, 

broken or in powder, but not further 

prepared: Other vegetables; mixtures of 

vegetables: Other vegetables; mixtures of 

vegetables.’’ Petitioner contends that the 

proper classification for the dried garlic 

and dried onion mixtures is dried garlic 

in subheading 0712.90.40, HTSUS, 

which provides for ‘‘Dried vegetables, 

whole, cut, sliced, broken or in powder, 

but not further prepared: Other 

vegetables; mixtures of vegetables: 

Garlic.’’ 

Applicable Legal Principles 

Classification under the HTSUS is 

determined in accordance with the 

General Rules of Interpretation (GRIs) 

and, in the absence of special language 

or context which otherwise requires, by 

the Additional U.S. Rules of 

Interpretation (ARIs). GRI 1 provides 

that the classification of goods shall be 

determined according to the terms of the 

headings and any relative section or 

chapter notes. In the event that the 

goods cannot be classified solely on the 

basis of GRI 1, and if the headings and 

legal notes do not otherwise require, 

GRIs 2 through 6 may be applied in 

order. 

The Explanatory Notes (ENs) to the 

Harmonized Commodity Description 

and Coding System represent the official 

interpretation of the tariff at the 

international level. While neither legally 

binding nor dispositive, the ENs provide 

a commentary on the scope of each 

heading of the HTSUS and are generally 

indicative of the proper interpretation of 

these headings. See Treasury Decision 

(T.D.) 89–80, 54 FR 35127, 35128 

(August 23, 1989). The EN for heading 

07.12, states, in pertinent part, that the 

heading also covers dried vegetables, 

broken or powdered, such as asparagus, 

cauliflower, parsley, chervil, onion, 

garlic, celery, generally used either as 

flavouring materials or in the 

preparation of soups. 

Elaboration of the Petitioner’s Views 

Petitioner contends that the proper 

classification for the subject dried garlic 

and dried onion mixtures is subheading 

0712.90.40, HTSUS, which provides for 

‘‘Dried vegetables, whole, cut, sliced, 

broken or in powder, but not further 

prepared: Other vegetables; mixtures of 

vegetables: Garlic.’’ Petitioner contends 

that the subject dried garlic and dried 

onion mixtures are not ‘‘mixtures of 

vegetables’’ because they are 

‘‘overwhelmingly composed of dried 

garlic’’ and therefore are ‘‘appropriately 

classified as dried garlic under’’ 

subheading 0712.90.40, HTSUS, 

pursuant to GRI 3(b). 

Petitioner argues that whether a given 

product is to be considered a ‘‘mixture 

of vegetables’’ depends on the specific 

vegetables included in the mixture, the 

relative quantities of such vegetables, 

and the impact that the nonpredominant vegetables have on the 

product’s essential character. Petitioner 

also urges CBP to consider how a given 

product is marketed to determine 

whether industry standards and/or 

consumers consider the product in 

question to be a ‘‘mixture of vegetables.’’ 

Based on these factors, Petitioner urges 

CBP to find that the subject dried garlic 

and dried onion mixtures are not 

‘‘mixtures of vegetables,’’ but rather 

dried garlic products. It is Petitioner’s 

view that dried garlic imparts the 

essential character. In support of its 

argument, Petitioner relies on a ruling 

where dried garlic mixed with chemical 

substances is classified as ‘‘dried garlic’’ 

in subheading 0712.90.40, HTSUS. See, 

e.g., NY N270709 (December 15, 2015) 

(dried garlic mixed with calcium 

stearate and dried garlic mixed with 

silicon dioxide). 

Analysis Used by CBP in Prior Rulings 

Subheading 0712.90.85, HTSUS, 

provides for ‘‘Dried vegetables, whole, 

cut, sliced, broken or in powder, but not 

further prepared: Other vegetables; 

mixtures of vegetables: Other vegetables; 

mixtures of vegetables.’’ There are no 

specifications or requirements to qualify 

as a mixture in the section notes, 

chapter notes, or ENs. The EN for 

heading 07.12 provides guidance that 

both garlic and onion are vegetables. 

‘‘Mixture’’ is not defined in the HTSUS. 

In the rulings at issue, the mixtures of 

dried vegetables are comprised of 

varying combinations of the 

components dried garlic and dried 

onion. Specifically, NY N256957 

classifies a mixture of 50 percent dried 

garlic and 50 percent dried onion; NY 

N259557 also classifies a 50–50 percent 

dried garlic and dried onion mixture; 

NY N267292 classifies three dried garlic 

and dried onion mixtures covering 90 

percent dried garlic and 10 percent 

dried onion, 95 percent dried garlic and 

5 percent dried onion, 99 percent dried 

garlic and 1 percent dried onion; NY 

N276015 also classifies three vegetable 

mixtures, one of 64 percent dried garlic 

and 36 percent dried onion, one of 87 

percent dried garlic and 13 percent 

dried tomatoes, one of 80 percent dried 

onion and 20 percent dried celery; NY 

N276018 classifies two dried garlic and 

dried onion mixtures, one of 99 percent 

dried garlic and 1 percent dried onion 

and the other of 1 percent dried garlic 

and the 99 percent dried onion. All of 

these various dried vegetable mixtures 

are classified in subheading 0712.90.85, 

HTSUS, as mixtures of dried vegetables, 

notwithstanding the amount of the 

component dried garlic. These rulings 

classified the mixtures of dried garlic 

and dried onion under GRIs 1 and 6, 

because the subject merchandise are all 

mixtures of dried vegetables and there 

are no requisite amounts to qualify as a 

mixture. 

Comments 

Pursuant to section 175.21 of the CBP 

Regulations (19 CFR 175.21), before 

making a determination on this matter, 

CBP invites written comments on the 

petition from interested parties. 

The domestic interested party petition 

concerning the tariff classification of 

certain dried garlic and dried onion 

mixtures, as well as all comments 

received in response to this notice, will 

be available for public inspection on the 

docket at www.regulations.gov. 

Authority: This notice is published in 

accordance with 19 U.S.C. 1516 and 

section 175.21 of the CBP Regulations 

(19 CFR 175.21). 

Troy A. Miller, the Acting 

Commissioner, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Robert F. Altneu, who is 

the Director of the Regulations and 

Disclosure Law Division for CBP, for 

purposes of publication in the Federal 

Register. 

Dated: August 6, 2021. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–17140 Filed 8–10–21; 8:45 am] 

BILLING CODE 9111–14–P 


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