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NY 880880

January 14, 1993

CLA-2-12:S:N:N7:238 880880


TARIFF NO.: 1106.30.4000, 1211.90.8080

Mr. Robert J. Leo
Adduci, Mastriani, Meeks & Schill
330 Madison Avenue
New York, NY 10017

RE: The tariff classification of dried cut Lemon Verbena leaves #58, dried cut Strawberry leaves #63 and dried and chopped Wild Apples #62 that are all used as an ingredient in herbal teas from Germany

Dear Mr. Leo:

In your letter dated December 2, 1992, on behalf of your client R.C. Bigelow, Inc, you requested a tariff classification ruling.

Based upon your information and submitted samples, Lemon Verbena #58 is Lemon Verbena (dried and cut but not mixed), the Strawberry leaves #63 is dried and crushed but not admixed and the Wild Apple #62 is Apple (dried and chopped, but not admixed). The percent by weight of the Wild Apple passing through a 1.25mm screen is 95.3 percent. All of these products are intended for use as active ingredients in herbal teas.

The applicable subheading for the Wild Apple #62 will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Flour and meal of the dried leguminous vegetables of heading 0713, of sago or roots or tubers of heading 0714; flour, meal and powder of the products of chapter 8, other. The rate of duty will be 15 percent ad valorem.

The applicable subheading for the Lemon Verbena #58 and the Strawberry leaves #63 will be 1211.90.8080, 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, Herbal teas and herbal infusions (single species unmixed). The rate of duty is free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 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).
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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