Chapter 9 Coffee, tea, maté and spices- Section II VEGETABLE PRODUCTS

Chapter 9 Coffee, tea, maté and spices

Notes.

1. – Mixtures of the products of headings 09.04 to 09.10 are to be classified as follows:

(a) Mixtures of two or more of the products of the same heading are to be classified in that heading:

(b) Mixtures of two or more of the products of different headings are to be classified in heading 09.10.

The addition of other substances to the products of headings 09.04 to 09.10 (or to the mixtures referred to in paragraph (a) or (b) above) shall not affect their classification provided the resulting mixtures retain the essential character of the goods of those headings. Otherwise such mixtures are not classified in this Chapter; those constituting mixed condiments or mixed seasonings are classified in heading 21.03.

2. – This Chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 12.11.

GENERAL

This Chapter covers:

(1) Coffee, tea and maté.

(2) Spices, i.e., a group of vegetable products (including seeds, etc.), rich in essential oils and aromatic principles, and which, because of their characteristic taste, are mainly used as condiments.

These products may be whole or in crushed or powdered form.

As regards the classification of mixtures of products of headings 09.04 to 09.10, see Note 1 to this Chapter. Under the provisions of this Note, the addition of other substances to the products of headings 09.04 to 09.10 (or to the mixtures referred to in paragraph (a) or (b) of the Note) shall not affect their classification provided the resulting mixtures retain the essential character of the goods falling in those headings.

This applies, in particular, to spices and mixed spices containing added:

(a) Diluents (“spreader” bases) added to facilitate measuring out of the spices and their distribution in the food preparation (cereal flour, ground rusk, dextrose, etc.).

(b) Food colourings (e.g.. xanthophyll).

(d) Substances such as salt or chemical antioxidants added, usually in small quantity, to preserve the products and prolong their flavouring powers.

Spices (including mixed spices) containing added substances of other Chapters, but themselves having flavouring or seasoning properties, remain in this Chapter provided the added quantity does not affect the essential character of the mixture as a spice.

This Chapter also includes mixtures consisting of plants, parts of plants, seeds or fruit (whole, cut, crushed, ground or powdered) of species falling in different Chapters (e.g., Chapters 7, 9, 11, 12), of a kind used either directly for flavouring beverages or for preparing extracts for the manufacture of beverages,

(i) if the essential character is given by one or more species of any single one of the headings 09.04 to 09.10 (headings 09.04 to 09.10 as the case may be);

(ii) if the essential character is given by a mixture of species of two or more of the headings 09.04 to 09.10 (heading 09.10).

This Chapter however excludessuch mixtures if the essential character is not given by the species mentioned in (i) or by the mixtures referred to in (ii) above (heading 21.06).

This Chapter further excludes :

(a) Vegetables (e.g., parsley, chervil, tarragon, cress, sweet marjoram, coriander and dill) of Chapter 7.

(b) Mustard seed (heading 12.07); mustard flour, whether unprepared or prepared (heading 21.03).

(d) Certain fruits, seeds and parts of plants which, although they can be used as spices, are more often employed in perfumery or in medicine (heading 12.11) (e.g., cassia pods, rosemary, wild marjoram, basil, borage, hyssop, all species of mint, rue and sage).

(e) Mixed condiments and mixed seasonings (heading 21.03).

09.01 – Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion.

– Coffee, not roasted :

0901.11 – – Not decaffeinated

0901.12 – – Decaffeinated

– Coffee, roasted:

0901.21 – – Not decaffeinated

0901.22 – – Decaffeinated

0901.90 – Other

This heading includes:

(1) Raw coffee in ail forms, i.e. : in berries, as gathered from the shrub: in beans or seeds complete with their yellowish skins; in beans or seeds stripped of their skins.

(2) Coffee from which the caffeine has been extracted by soaking the raw beans in various solvents.

(3) Roasted coffee (with or without caffeine content) whether or not ground.

(4) Husks and skins of coffee.

(5) Coffee substitutes containing coffee in any proportion.

The heading excludes :

(a) Coffee wax (heading 15.21).

(b) Extracts, essences and concentrates of coffee (sometimes known as instant coffee) and preparations with a basis of those extracts, essences or concentrates; roasted coffee substitutes not containing coffee (heading 21.01).

09.02 – Tea, whether or not flavoured.

0902.10 – Green tea (not fermented) in immediate packings of a content not exceeding 3 kg

0902.20 – Other green tea (not fermented)

0902.30 – Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg

0902.40 – Other black tea (fermented) and other partly fermented tea

The heading covers the different varieties of tea derived from the plants of the botanical genus Thea (Camellia).

The preparation of green tea consists essentially of heating the fresh leaves, rolling them and drying them. In the ease of black tea, the leaves are rolled and fermented before being fired or dried.

The heading also includes partly fermented tea (e.g., Oolong tea).

The heading includes tea flowers, buds and residues, as well as powdered tea (leaves, flowers or buds) agglomerated in balls or tablets, as well as tea presented compressed into various shapes and sizes.

Tea which has been flavoured by a steaming process (during fermentation, for example) or by the addition of essential oils (e.g., lemon or bergamot oil), artificial flavourings (which may be in crystalline or powder form) or parts of various other aromatic plants or fruits (such as jasmine flowers, dried orange peel or cloves) is also classified in this heading.

The heading also includes decaffeinated tea, but it excludes caffeine as such (heading 29.39).

The heading further excludesproducts not derived from the plants of the botanical genus Theabut sometimes called “ teas ”, e.g.:

(a) Maté (Paraguay tea) (heading 09.03).

(b) Products for making herbal infusions or herbal “ teas ”. These are classified, for example, in heading 08.13, 09.09, 12.11 or 21.06.

09.03 – Maté.

Maté consists of the dried leaves of certain shrubs of the holly family which grow in South America. It is sometimes known as “Paraguay tea” or “Jesuits’ tea”. Maté is used for the preparation by infusion of a drink containing only a little caffeine.

09.04 – Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta.

– Pepper:

0904.11 – – Neither crushed nor ground

0904.12 – – Crushed or ground

– Fruits of the genus Capsicum or of the genus Pimenta:

0904.21 – – Dried, neither crushed nor ground

0904.22 – – Crushed or ground

(1) Pepper of the genus Piper.

This term includes the seeds or fruits of all pepper plants of the genus Piper, except Cubeb pepper (Piper cubeba) (heading 12.11). The main commercial variety is pepper of the species Piper nigrum, which takes the form of black or white pepper.

Black pepper-corns are obtained from the unripe fruits by sun-drying or smoking, sometimes after treatment with boiling water.

White pepper is prepared from the nearly ripe fruit from which the pulp and outer coating of the seed have been removed by soaking or slight fermentation. White pepper is also often prepared from black pepper-corns by grinding off the outer parts. White pepper, which is in fact yellowish grey, is not so pungent as black.

Long pepper (Piper longum) is another variety of pepper.

The heading also covers pepper dust and sweepings.

Certain products incorrectly known as peppers are in fact pimentos, e.g., Indian, Turkish, Spanish, Cayenne and Jamaica peppers.

(2) Dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta.

Fruits of the genus Capsicumgenerally belong to the species Capsicum frutescens or Capsicumannuum and include two main groups, the chillies and the paprikas. There are many varieties (Cayenne pepper, Sierra Leone and Zanzibar pepper, Spanish and Hungarian paprika, etc.).

Fruits of the genus Pimenta include Jamaica pepper (also known as clove pepper, English pepper and allspice).

These fruits share the common characteristic of a bitter, strong, burning and long-lasting flavour; however there are other varieties of the genus Capsicum which do not have a pungent odour (e.g., Capsicum annuum var. grossum).

The heading does not includeuncrushed or unground fresh fruits of the genus Capsicum or of the genus Pimenta (heading 07.09).

09.05 – Vanilla.

0905.10 – Neither crushed nor ground

0905.20 – Crushed or ground

This is the fruit (or bean) of a climbing plant of the orchid family. It is blackish in colour and very aromatic. There are two kinds of vanilla, long and short, as well as a very low-grade variety known as vanillon (obtained from the species Vanilla pompana), soft, almost viscous and always open.

The heading does not include :

(a) Vanilla oleoresin (sometimes erroneously known as “vanilla resinoid “or” vanilla extract”) (heading 13.02).

(b) Vanilla sugar (heading 17.01 or 17.02).

09.06 – Cinnamon and cinnamon-tree flowers (+).

– Neither crushed nor ground :

0906.11 – – Cinnamon (Cinnamomum zeylanicum Blume)

0906.19 – – Other

0906.20 – Crushed or ground

Cinnamon is the inner bark of young branches of certain trees of the Laurus family. Sri Lankan (Ceylon) type, Seychelles type and Madagascan type cinnamon (Cinnamomum zeylanicum Blume), also called tine cinnamon, is generally presented in bundles of pale-coloured strips of bark rolled together. Chinese type (Cinnamomum cassia (Nees) ex Blume). Indonesian type (Cinnamomum burmanii (C.G.Nees)) and Vietnamese type (Cinnamomum loureirii Nees) cinnamon, also known as cassia or common cinnamon, is formed of thicker layers of bark, streaked with brown; it is generally presented in rolls of a single layer. Other varieties of cinnamon include Cinnamomum obtusifolium, Cinnamomum tamala and Cinnamomum sintek.

This heading also covers cinnamon waste, known as “chips”, used chiefly for the preparation of cinnamon essence.

Cinnamon-tree flowers are the dried and sieved flowers of the cinnamon tree. They are club-shaped and of a length not normally exceeding 1 cm. After grinding, they are mixed with cinnamon.

The heading also includes cinnamon fruit.

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Subheading Explanatory Note.

Subheading 0906.11

The scope of this subheading is limited to cinnamon which is the inner bark of young branches of the tree or shrub Cinnamomum zeylanicum Blume, commonly known as Sri Lankan (Ceylon) type, Seychelles type and Madagascan type cinnamon.

General commercial grades are quills, quillings, featherings and chips.

09.07 – Cloves (whole fruit, cloves and stems).

0907.10 – Neither crushed nor ground

0907.20 – Crushed or ground

This heading includes :

(1) Whole fruit of the clove tree (these have the characteristic taste and smell of cloves although less pronounced).

(2) Cloves (the flowers of the clove tree picked before maturity and dried in the sun).

(3) The fine, greyish, strongly scented stems of the clove flowers.

The heading excludes clove bark and leaves (heading 12.11).

09.08 – Nutmeg, mace and cardamoms.

– Nutmeg :

0908.11 – – Neither crushed nor ground

0908.12 – – crushed or ground

– Mace:

0908.21 – – Neither crushed nor ground

0908.22 – – Crushed or ground

– Cardamoms:

0908.31 – – Neither crushed nor ground

0908.32 – – Crushed or ground

This heading covers:

(a) Nutmegs, round or long, whether or not shelled.

(b) Mace, which is the membraneous envelope of the nutmeg, between the outer shell and the kernel. This substance, which is cut into strips, has the same properties as nutmeg, but even more marked. It is bright red when fresh, but turns yellow with age, and becomes brittle and translucent like horn. Some mace is flaxen-coloured or even white.

(1) Grape cardamoms, so-called because this variety grows in the form of closely packed clusters which are sometimes presented whole, but are more usually presented as single nuts about the size of a grape-pip. The nuts are whitish, rounded with three projecting sides, light and membraneous; they are divided internally into three sections containing many very aromatic seeds with a bitter, pungent flavour.

(2) Small or medium cardamoms, similar to grape cardamoms in structure and properties, but more triangular and elongated.

(3) Large cardamoms, which are triangular, from 27 to 40 mm long, and have a brownish shell.

(4) Malaguetta pepper or “grains of paradise” (Aframomum melegueta) are almost invariably presented shelled, in small, elongated, angular seeds which, though rough surfaced, gleam as if they had been varnished. They are odourless but have a bitter, burning flavour similar to that of pepper.

09.09 – Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries.

– Seeds of coriander:

0909.21 – – Neither crushed nor ground

0909.22 – – Crushed or ground

– Seeds of cumin :

0909.31 – – Neither crushed nor ground

0909.32 – – Crushed or ground

– Seeds of anise, badian, caraway or fennel: juniper berries:

0909.61 – – Neither crushed nor ground

0909.62 – – Crushed or ground

These fruits or seeds are used for consumption as spices, for industrial purposes (e.g., in distilleries) and for medicinal purposes. They remain in this heading even when, in the case of anise seeds in particular, they are put up (e.g., in sachets) for making herbal infusions or herbal “teas”.

The seeds of anise referred to here are the green anise, an egg-shaped seed, striped lengthwise, greyish-green, with a very characteristic odour and aromatic flavour. Badianis star anise.

Coriander, cumin and caraway seeds are the aromatic seeds of certain plants of the umbelliferous family, used chiefly in the preparation of liqueurs.

Fennel seeds, obtained from the culinary herb, may be dark grey giving off a strong and agreeable odour, or pale green with a very individual sweet scent.

Juniper berries are a very dark brown faintly tinted with purplish-blue, and are covered with a resinous dust. They contain a reddish aromatic pulp, with a bitter and slightly sweetened taste, enclosing three small and very hard pips. These berries are used to flavour various alcoholic beverages (e.g., gin), sauerkraut and sundry food preparations, and for the extraction of the essential oil.

09.10 – Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices.

– Ginger:

0910.11 – – Neither crushed nor ground

0910.12 – – Crushed or ground

0910.20 – Saffron

0910.30 – Turmeric (curcuma)

– Other spices:

0910.91 – – Mixtures referred to in Note 1 (b) to this Chapter

0910.99 – – Other

The heading includes :

(a) Ginger (including fresh ginger, provisionally preserved in brine, unsuitable in that state for immediate consumption); ginger preserved in syrup is excluded (heading 20.08).

(b) Saffron, which consists of the dried stigmas and styles of the flowers of the saffron crocus (Crocus sativus). It may also be presented as an orange-red powder with a strong, penetrating and agreeable odour. It contains a colouring element of little stability. It is used as a seasoning and also in confectionery and medicine.

(c) Turmeric or curcuma (Curcuma longa), sometimes incorrectly called “Indian saffron” because of its vivid yellow colour; the curcuma rhizome is marketed either whole or, more often, in powder form.

(d) Thyme (including wild thyme) and bay leaves, whether or not dried.

(c) Curry powder, consisting of a mixture in variable proportions of turmeric (curcuma), of various other spices (e.g., coriander, black pepper, cumin, ginger, cloves) and of other flavouring substances (e.g., garlic powder) which, although not falling in this Chapter, are often used as spices.

(f) Dill seed (Anethum graveolens), and fenugreek seed (Trigonclla foenum graceum).

(g) Mixtures of the products of headings 09.04 to 09.10 when the separate ingredients of the mixture fall in different headings, e.g., mixtures of pepper (heading 09.04) with products of heading 09.08.

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