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NY 889578

September 8, 1993

CLA-2-12:S:N:N7:238 889578


TARIFF NO.: 1211.90.8090; 1302.19.4040

Pushkar N. Kaul, Ph.D.
Trade Am
1859-I Beaver Ridge Circle
Norcross (Atlanta) GA, 30071

RE: The tariff classification of three herbal products from India

Dear Dr. Kaul:

In your letter dated June 30, 1993, resubmitted on August 24, 1993, you requested a tariff classification ruling.

The subject merchandise consists of three herbal products, collectively designated as "Kesh Sanjivani". The first product consists of a powdered mixture of the parts of ten or more plants grown in India. The second product consists of an aqueous extract made from the first product, and stabilized with 5% ethanol and 1% olive oil. The third product consists of a concentrated extract prepared by evaporating, under vacuum, the alcohol and the olive oil from the second product. You indicate that all three products will eventually be used in the production of cosmetic and healthcare products.

The applicable subheading for the first 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 perfumary, 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 for the second and third products will be 1302.19.4040, HTS, which provides for vegetable saps and extracts: other: ginseng; substances having anesthetic, prophylactic or therapeutic properties: other: other. Articles classifiable under subheading 1302.19.4040, HTS, which are products of India, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. Otherwise, the rate of duty will be 1.5 percent ad valorem.
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) 857- 8400.

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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