HQ 085297: Chervil

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                         HQ 085297
                     December 4, 1989

CLA-2 CO:R:C:G  085297 SLR

CATEGORY: Classification

TARIFF NO.: 0712.90.8090

Mr. Irving Lehat
Ken Lehat & Associates, Inc.
5 Beckman Street
New York, NY  10038

RE: Chervil

Dear Mr. Lehat:

     This ruling is in response to your letter of August 3, 1989,
requesting the classification of chervil under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  A
sample was provided for our examination.

FACTS:

     The subject of this inquiry, chervil, is an annual herb, the
leaves of which are used in salads and as a garnish.  The
submitted sample consists of such leaves, dried and chopped or
ground to a fairly uniform particle size.

ISSUE:

     What is the proper classification of chervil under the
HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relevant section
or chapter notes.

     Chapter 7, Legal Note 2, indentifies chervil as a product
classifiable as a vegetable in the HTSUSA.  Heading 0712 provides
for dried vegetables, whole, cut, sliced, broken or in powder,
but not further prepared.  The subject product so fits this
description.



                              -2-

HOLDING:

     Chervil is classifiable in subheading 0712.90.8090, HTSUSA,
which provides for dried vegetables, whole, cut, sliced, broken
or in powder, but not further prepared, other vegetables, other.
The applicable rate of duty is 13 percent ad valorem.


                                 Sincerely,


                                 John Durant, Director
                                 Commercial Rulings Division