April 10, 2009 CBP Bulletin Notice on Classification of Dried Dill Weed
In the April 10, 2009 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 43, No. 15), CBP published a notice modifying one classification ruling and revoking a treatment as follows:
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Modification of ruling, revocation of treatment.CBP is modifying one ruling on the classification of dried dill weed; in addition, this notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the modification and revocation are effective for merchandise entered or withdrawn from warehouse for consumption on or after June 9, 2009.
Dried dill weed. The merchandise at issue is described as "dill weed, one hundred percent pure, chopped and dried."
CBP is issuing 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 makes 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 determines 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."
CBP states that by application of GRI 1, the chopped dill weed described above is 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."
New: 0712.90.85, 8.3%; Previous: 0910.99.50, duty-free
(See ITT's Online Archives or 02/12/09 news, 09021260, for BP summary of proposed HQ H008157.)
April 10, 2009 CBP Bulletin (Vol. 43, No. 15) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/