us-cbp-cross-rulings-hq-084042•HQ 084042: Fresh Coriander from Mexico
HQ 084042: Fresh Coriander from Mexico
us-cbp-cross-rulings-hq-084042HQ 084042: Fresh Coriander from MexicoGuidance
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 084042
MAY 31, 1989
CLA-2 CO:R:C:G 084042 JGH
Category: Classification
Tariff No: 0709.90.4080
Mr. Arturo Dominquez
Cueliar International
P.O. Box 953
1602 Victoria St.
Laredo, Texas 78042-0953
RE: Fresh Coriander from Mexico
Dear Mr. Dominquez:
Your letter of March 10, 1989, concerns the classification of
fresh coriander from Mexico under the Harmonized Tariff Schedule
of the United States (HTSUS).
FACTS:
You note that under the former tariff law, the Tariff
Schedules of the United States (TSUS), fresh coriander was
classifiable free of duty as a spice in item 161.25, TSUS. However,
under the HTSUS, you note that while its use is still as a flavor
or spice, it is classifiable as a vegetable in subheading
0709.90.4080, HTSUS, and subject to a 25 percent rate of duty.
ISSUE:
Classification of fresh coriander under the HTSUS.
LAW AND ANALYSIS:
Classification under the HTSUS is governed by the General
Rules of Interpretation (GRI). GRI 1 provides that classification
is determined first in accordance with the terms of the headings
and any relative Section or Chapter notes.
Fresh coriander is an herb and used primarily as a flavoring
or garnish in cooking. Under the HTSUS, a distinction is drawn
between fresh coriander and its seed, with the former being
considered a vegetable and the latter a spice. In the Explanatory
Notes for heading 0709, HTSUS, other vegetables, fresh coriander
is listed as a vegetable, along with chervil,
--2--
tarragon, savory, and other products which are normally used as
flavors or herbs. In contrast, coriander seed is provided for in
a spice provision, subheading 0909.20.00, HTSUS, and the
Explanatory Notes to Chapter 9 specifically exclude the fresh
coriander from classification in Chapter 9, since it is identified
as a vegetable.
Holding:
Fresh coriander is classifiable as a vegetable in subheading
0709.90.4080, HTSUS, and dutiable at the rate of 25 percent ad
valorem.
Sincerely,
John Durant, Direct
Commercial Rulings Division
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