Sept. 4 CBP Bulletin Modifies Rulings on Chili Powder Blend
In the Sept. 4 issue of the CBP Bulletin (Vol. 47, No. 37), CBP published a notice of modification of rulings and treatment regarding the tariff classification of chili powder blends.
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Modifications Are Effective Nov. 4
CBP is modifying the ruling, as well as any treatment CBP previously accorded to substantially identical transactions, effective for merchandise entered or withdrawn from warehouse for consumption on or after Nov. 4.
Chili Powder Blend
| Item: Two types of chili powder blends. Blend #2 is made of chili pepper, Sylox, garlic, and salt. Blend #4 is made of chili pepper, Sylox, garlic, onion, salt, and cumin. Each blend is used in soup-style chili and other seasoning packets |
| New Ruling: HQ H053755(dated 08/09/13), modifies NY N024368 (2008) |
| Old HTS/Rate : 2103.90.8000, 6.4% (Mixed condiments and mixed seasonings … other.) |
| New HTS/Rate: Blend #2: 0904.22.76, 5 cents per kg ““Fruits of the genus Capsicum …crushed or ground: [o]f the genus Capsicum (including cayenne pepper, paprika and red pepper): Other.” Blend #4: 0910.91.00, 1.9%, “Ginger, saffron, tumeric (curcuma), thyme, bay leaves, curry and other spices: Mixtures referred to in note 1(b) to this chapter.” |
| Reason: The Chapter 9 Explanatory Note (EN) says the addition of other substances doesn't affect their classification provided the resulting mixtures retain the essential character of the goods falling in those headings. In Blend #2, the additions of Sylox, garlic and salt don't change the essential character and the chili powder provides for the significant majority of the blend's weight and value, said CBP. Similarly, in Blend #4, the cumin, silicon dioxide, salt, garlic, and onion don't change the essential character of the product and therefore should be classified under Chapter 9. |
(See ITT's Online Archives 12090411 for summary of the proposed modification of this ruling.)