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NY 896540

April 19, 1994

CLA-2-21:S:N:N7:228 896540


TARIFF NO.: 2106.90.6973

Mr. Alain Miglionico
Agence Commerciale Miglionico
1856 ch. Norway
Ville Mont-Royal, Quebec H4P 1Y5 Canada

RE: The tariff classification of beverage flavorings from France

Dear Mr. Miglionico:

In your letter dated March 23, 1994, you requested a tariff classification ruling.

Descriptive literature and two samples were submitted with your letter. The samples were examined and disposed of. "Les Essentielles Herbal Teas" are liquids composed of 91 percent water, 9 percent blended essential oils, and trace amounts of vegetable extracts for coloring, put up for retail sale in pump-spray bottles containing 1.76 ounces, net weight. According to the submitted literature, one or two sprays of the product into a cup of hot or cold water will result in a healthful "herbal tea." Six varieties are available: "tonic," containing savory, rosemary, ginseng, cinnamon, thyme, lemon, and mint, "circulation," with cypress, niaouli, mandarin, and lemon, "respiration," with eucalyptus, niaouli, cajeput, savory, pine, and orange, "digestion," composed of aniseed, ginger, nutmeg, and cardamom, "anxiety," made with bergamot orange, marjoram, cypress, cinnamon, and lemon, and "sleep," whose ingredients are petit grain, cumin, lavender, marjoram, and verbena.

The applicable subheading for these products will be 2106.90.6973, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...preparations for the manufacture of beverages...other. The rate of duty will be 10 percent ad valorem.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency directly for further information.

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


Jean F. Maguire
Area Director

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