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NY 868541

December 24, 1991

CLA-2-12:S:N:N1-F:238 868541


TARIFF NO.: 1211.90.8090

Mr. Mel Eidlen
Charles Happel, Inc.
17 Battery Place, Suite 1230
New York, NY 10004

RE: The tariff classification of Cordyceps Sinesis, an herb in part of plant origin, from China.

Dear Mr. Eidlen:

In your letter dated November 1, 1991, on behalf of your client, Lee Fung Trading Co. Inc., you requested a tariff classification ruling.

The submitted sample, Cordyceps Sinesis, is a fungus which grows upon the pupa of a kind of caterpillar as a parasite. It is described by the Chinese as a plant in summer and an insect in winter, and is considered by them to be restorative and a tonic. You describe the product as a Chinese natural herb, which is used as a seasoning for soups.

The applicable subheading for this product will be 1211.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: other: other: other: other. The rate of duty will be free. The applicable subheading and the rate of duty for this product will be the same in 1992.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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