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NY C84041




February 26, 1998

CLA-2-12:RR:NC:2:238 C84041

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8090

Mr. Robert J. Haley
#02089-025
Yankton, SD 57078

RE: The tariff classification of Khat from Somalia, and other countries

Dear Mr. Haley:

In your letter dated January 29, 1998, you requested a tariff classification ruling.

The subject product consists of the dried leaves of Khat (Chat; Kat), a shrub having the botanical name, Catha edulis (Celastraceae). According to The Merck Index (Twelfth Edition), Chat is widely used in East Africa and Yemen as an amphetamine-like stimulant, with the most important constituent being the alkaloid, cathinone. The Dispensatory of the United States of America (25th Edition) indicates that the green leaves may be chewed or made into a tea, and are said to be a stimulant, overcoming the sense of fatigue in the same manner as cocaine or caffeine. You state in your letter that the leaves are intended for chewing and/or for the brewing of an herbal tea.

The applicable subheading for the subject product will be 1211.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Plants and parts of plants (including seeds and fruits), 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: Other." The rate of duty will be free.

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 merchandise may also be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000.

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 the National Import Specialist at 212-466-5770.

Sincerely,

Robert B. Swierupski

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