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NY B87129




July 25, 1997

CLA-2-9:RR:NC:SP:232 B87129

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.30.0090; 3923.21.0090; 3923.29.0000

Mr. Mukesh M. Patel
Nashel Kates Nussman Rapone Ellis & Traum 190 Moore Street
Suite 306
Hackensack, NJ 07601-7407

RE: The tariff classification of Tea from India.

Dear Mr. Patel:

In your letter dated June 20, 1997, on behalf of National Diamond Products, Inc., you requested a tariff classification ruling.

You submitted a photograph and descriptive literature with your request. The subject merchandise is said to be black tea which is produced from the shrub Camellia Sinensis of the family Theaceae. It will be imported as loose tea leaves in plastic bags of 200 grams, 500 grams or 1 kilogram.

The applicable subheading for the tea will be 0902.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg...Other. The rate of duty will be free.

The applicable subheading for the plastic bags, if they are made of polymers of ethylene, will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles for the conveyance or packing of goods, of plastics..: Sacks and bags (including cones): of polymers of ethylene... Other: Other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the plastic bags, if they are made of other plastics, will be 3923.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles for the conveyance or packing of goods, of plastics..: Sacks and bags (including cones): of other plastics. The rate of duty will be 3 percent ad valorem.

Articles classifiable under subheadings 3923.21.0090 and 3923.29.0000, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The photograph of the package which you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

A copy of this 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 John Maria at 212-466-5730.

Sincerely,

Gwenn Klein Kirschner

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