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NY 814027

February 2, 1996

CLA-2-13:RR:NC:FC:238 814027


TARIFF NO.: 1302.19.4040

Brian S. Goldstein, Esq.
Tompkins & Davidson
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification of four vegetable extracts, imported in bulk form, from Italy

Dear Mr. Goldstein:

In your letter dated August 17, 1995, on behalf of your client, Indena USA Inc., you requested a tariff classification ruling.

The four subject products, which your client describes as "standardized herbal extracts", consist of four plant extracts, namely: Gingko biloba dry extract; Milk thistle (Silybum marianum); Leucoanthocyanins [(grape seed) Vitis vinifera]; and Bilberry (Vaccinium myrtillus). You have submitted flow charts from the manufacturer outlining the solvent extraction process used for each product, and have indicated in your letter that these extracts will be imported in bulk-powder form. You further indicate that, subsequent to importation and sale by your client, the extracts are combined with other ingredients and further processed into capsules and other similar forms for retail sale. The applicable subheading for the four subject products will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other." The rate of duty will be 1.3 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, Maryland 20857, telephone number (301) 443-6553.

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 C. Reilly at 212-466-5770.


Roger J. Silvestri

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