Aug. 29 CBP Bulletin Proposes to Revoke Ruling on Chili Powder Blends

September 4, 2012 by Tim Warren|Customs

In the Aug. 29 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 35), CBP published two notices that propose to revoke a ruling and similar treatment regarding the tariff classification of chili powder blends.

Comments on Proposed Revocations Due Sept. 28

CBP said consideration will be given to any written comments received by Sept. 28 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)

Proposed Revocations

CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.

Chili Powder Blends

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

Current: 2103.90.8000, 6.4% (Mixed condiments and mixed seasonings … other.)

Proposed: 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 that 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.

Proposed for revocation: NY N024368 (2008)

Proposed new ruling: HQ H053755