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NY B80155

December 17, 1996

CLA-2-13:RR:NC:2:238 B80155


TARIFF NO.: 1302.19.4040

Mr. Frank T. Tjhung
Frank T. Tjhung Associates, Inc.
854 Parker Drive, Suite B
Florence, SC 29501

RE: The tariff classification of Ginkgo Biloba Extract (GBE) from the People's Republic Of China

Dear Mr. Tjhung:

In your letter dated December 3, 1996, you requested a tariff classification ruling.

The subject product, Ginkgo Biloba Extract, is, according to The Merck Edition, Twelfth Edition, a defined extract obtained from the leaves of the Ginkgo tree (Ginkgo biloba Linn). The seeds and leaves have been used in Chinese traditional medicine for asthma and vascular disease. You state in your letter that the principal uses for the subject product will be as a shampoo additive and dietary supplement. You further state that the extract will be imported in plastic bags containing one (1) kilogram of extract per bag, and put up in paperboard boxes (cartons) containing 20 bags/box.

The applicable subheading for the subject product 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, which will remain unchanged for 1997.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. 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 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 Cornelius Reilly at 212-466-5770.


Roger J. Silvestri

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