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NY 818586




February 20, 1996

CLA-2-12:RR:NC:FC:238 818586

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8080

Mr. Frank Markowitz
1430 Old West Chester Pike
West Chester, PA 19382

RE: The tariff classification of Mate de Coca (Coca Tea), put up in sachets, from Peru

Dear Mr. Markowitz:

In your letter dated January 22, 1996, you requested a tariff classification ruling.

The submitted sample consists of cut-up coca leaves put up in sachets for making an herbal tea. The paper wrapping in which each tea bag is put up does not indicate the presence of any other substance added to the "tea". You state in your letter that the product helps with altitude sickness and tired vocal cords, aids in stomach digestion, and helps regulate carbohydrate metabolism.

The applicable subheading for the submitted sample will be 1211.90.8080, 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: Other: Herbal teas and herbal infusions (single species, unmixed)." The rate of duty will be free.

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 (301) 443-6553.

This merchandise may also be subject to the regulations of the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000.

This ruling is being issued under the provisions of Part 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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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