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NY 815561

November 21, 1995

CLA-2-13:R:N2:228 815561


TARIFF NO.: 1302.19.4040; 2106.90.9999

Ms. Linda M. Christy-Mohabeer
Circle International, Inc.
1245 Royal Lane North
DFW Airport, TX 75261

RE: The tariff classification of "herbal microspheres" from France

Dear Ms. Christy-Mohabeer:

In your letters dated August 24, 1995 and October 26, 1995, on behalf of Naturade Products, Paramount, CA, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your first letter. Additional information regarding the production of the merchandise was submitted with your October letter. "Herbal Microspheres" consist of plant extracts on a natural cellulose carrier, extruded and further processed into tiny, spherical shape. Depending on variety, the microspheres may be composed of one or many different plant extracts. The microspheres will be imported in bulk, combined into capsules, blister packed, and sold as food supplements.

The applicable subheading for the microspheres identified as saw palmetto (lot no. SP/950649), feverfew (lot no. FF/950672), green tea (lot no. GT/9506710, echinacea purpurea (lot no. EP/950652), and golden seal (lot no. GS/950665) will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable saps and extracts...other... substances having anesthetic, prophylactic or therapeutic properties...other...other. The rate of duty will be 1.4 percent ad valorem.

The applicable subheading for the microspheres identified as natural G3 (lot no. G3/0695), natural A1 (lot no. A1/0695), natural P (lot no. P/0695), natural E (lot no. E/0695), natural M (lot no. M/0695), natural I (lot no. I/0695), natural N (lot no. N/0695), and natural S (lot no. S/0695), will be 2106.90.9999, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 9.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on neutral microspheres, calisist 110 microspheres, milk thistle microspheres, and ginko biloba microspheres. Your request for a classification ruling should include, for the neutral and calisist microspheres, a complete ingredients breakdown, by weight. For the ginko and milk thistle microspheres, a complete ingredients breakdown and a manufacturer's process flow chart will be required. Are these two items (i.e., ginko and milk thistle) composed of a mixture of ingredients or compounds?

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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