February 5, 2009 CBP Bulletin Notice on Classification of Dried Dill Weed
In the February 5, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 7), CBP published a notice proposing to modify one ruling and a treatment as follows:
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Proposed modification of ruling; proposed revocation of treatment. CBP is proposing to modify a ruling on the classification of dried dill weed. Additionally, CBP proposes that this notice covers any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed modification and revocation, or any party involved with a substantially identical transaction, should advise CBP by March 7, 2009, the date that written comments on the proposed ruling are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.
Dried dill weed. The merchandise at issue is described as "dill weed, one hundred percent pure, chopped and dried."
CBP is proposing to issue HQ H008157 in order to modify NY I85579 and determine that the dried dill weed is classified under HTS 0712.90.85 as "Dried vegetablesOther vegetables; mixtures of vegetables," rather than under HTS 0910.99.50 as "Other spices: Other: Other: Dill."
CBP proposes this change as a correction based largely on the HTS Chapter Notes and the Explanatory Notes (ENs). Heading 0712 provides for "dried vegetables." Note 2 to Chapter 7 includes a list which covers a wide variety of vegetables, including fennel, parsley and chervil, that fall within the scope of heading 0712. However, this list does not specifically name "dill."
With references to technical books about herbs and spices (see bulletin for details), CBP asserts that "dill weed", also known by its Latin name, Anethum graveolens, is a branched, aromatic annual herb, scientifically classified in the same "Apiaceae" family as fennel, parsley, and chervil. In addition, the leaf and stem portion of the plant can be distinguished from the seed (fruit of the plant) in color, shape, texture, chemical composition, taste, etc. Dill weed has a delicate flavor in comparison to the seed, which has a stronger flavor due to higher levels of carvone, a volatile oil.
CBP now proposes that the component of "dill" falling within the provisions of heading 0910 pertains to the seed rather than the plant "dill weed." Furthermore, the Explanatory Notes (ENs) to 0910 include "dill seed," specifically and the ENs to 0709 include "dill."
By application of GRI 1, the chopped dill weed described above is proposed to be classified under HTS 0712.90.85 as: "Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: Other vegetables; mixtures of vegetables: Other vegetables; mixtures of vegetables."
Proposed: 0712.90.85, 8.3%; Current: 0910.99.50, duty-free
February 5, 2009 CBP Bulletin (Vol. 43, No. 7) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/