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NY 891517

November 17, 1993



TARIFF NO.: 1211.90.8090

Mr. Dennis L. Davis
American Pacific Enterprises
425 West Palm Street
Altadena, CA 91001

RE: The tariff classification of "kava" from Fiji and Tonga

Dear Mr. Davis:

In your letter dated October 10, 1993, you requested a tariff classification ruling. Your letter was received by this office on October 20, 1993.

The product, commonly identified as "kava," is the root of the plant Piper methysticum, whole or in powdered form. Kava is used to prepare a beverage.

The applicable subheading for the kava, whether whole or powdered, will be 1211.90.8090, 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. The rate of duty will be free.

This merchandise may be subject to the regulations of the United States Food and Drug Administration. You may contact this agency at 5600 Fishers Lane, Rockville, MD 20857, telephone No. (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
Area Director

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