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NY D85468




December 9, 1998

CLA-2-12:RR:NC:2:238 D85468

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8090

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

RE: The tariff classification of dried, whole leaves of Ginkgo Biloba, imported in bulk, from China

Dear Mr. Tjhung:

In your letter dated November 27, 1998, you requested a tariff classification ruling. Samples and a production flow chart were submitted.

The submitted samples consist of whole, dried leaves of the Ginkgo tree (Gingko biloba Linnaeus). The flow chart indicates that the leaves are picked, separated from the twigs, sun- and/or oven-dried and compressed into 75 Kg bales. You state that the main use of the material is as a raw material for further processing into tablets (as a food supplement) or for the manufacture of Ginkgo biloba extracts. Various sources such as The Merck Index Twelfth Edition mention studies done on the pharmacological properties of compounds isolated from the seeds, bark, fruit and leaves of the Ginkgo tree. The leaves cannot be said to have established therapeutic properties, nor are they principally used as medicaments or ingredients in medicaments.

The applicable subheading for the whole, dried Ginkgo biloba leaves 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 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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski
Director,

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