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NY 816728

December 6, 1995

CLA-2-12:RR:NC:FC:228 816728


TARIFF NO.: 1211.90.8030; 2106.90.9987

Ms. Sheila Martin
Holliday & Scandrett International, Inc.
4141 Yonge Street, Suite 301
Toronto, Ontario M2P 2A8 Canada

RE: The tariff classification of herbal teas from Germany

Dear Ms. Martin:

In your letters dated October 30, 1995 and November 10, 1995 you requested a tariff classification ruling.

Two samples, and specification sheets for four products, were submitted with your first letter. The samples were examined and disposed of. "Camomile FC" is a dry, finely ground material, said to be made from the overground parts of the blossoming plant Matrecaria chamomilla. "Golden Slumber FC," "Lemon/Lime FC," and "Orange Dazzler Plus FC," are described as homogenous blends of parts from several different plants. The specification sheets for these products indicate they will be imported in paper or plastic bags containing 25 kilograms. Your November letter indicates they may be imported in paper sacks weighing as much as 100 pounds, net weight.

The applicable subheading for the Camomile FC will be 1211.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for plants and parts of plants...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...substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments...other. The rate of duty will be free.

The applicable subheading for the Golden Slumber FC, Lemon/Lime FC, and Orange Dazzler Plus FC will be 2106.90.9987, HTS, which provides for food preparations not elsewhere specified or included...other...other...herbal teas and herbal infusions comprising mixed herbs. The rate of duty will be 9.4 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.


Roger J. Silvestri

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