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NY 880881

January 14, 1993

CLA-2-12:S:N:N7:238 880881


TARIFF NO.: 0813.40.9000, 1211.90.8080, 1404.10.0040

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

RE: The tariff classification of Rose Hips #60, a dried fruit, Chamomile flowers #52, dried and crushed, but not admixed, Cornflower leaves #65, dried and crushed, but not admixed, Rosebuds #56, dried and crushed, but not admixed and Safflower #61, dried and crushed, but not admixed 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, Rosehips #60, a dried crushed brown plant material, is Rose Hips (a dried fruit), Chamomile #52, a dried crushed yellowish material, is Chamomile (dried and crushed, but not admixed), Cornflower #65, dried purple leaves, is Cornflower (dried and crushed, but not admixed), Rosebuds, a crushed tan plant material with a rose- like odor, consists of Rosebuds (dried and crushed, but not admixed) and Safflower #61, in the form of crushed yellow flowers is Safflower (dried and crushed, but not admixed). All of these products will be used as ingredients in herbal teas.

The applicable subheading for the Rosehips #60 will be 0813.40.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Fruits, dried, other than that of headings 0801 to 0806; ...., other. The rate of duty will be 3.9 percent ad valorem

The applicable subheading for the Chamomile #52, Cornflower #65 and the Rosebuds #56 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, 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.

The applicable subheading for the Safflower #61 will be 1404.10.0040, HTS, which provides for Vegetable products not elsewhere specified or included, Raw vegetable materials of a kind used primarily in dying or tanning, other. 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).

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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