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NY D80045

July 21, 1998

CLA-2-12:RR:NC:2:238 D80045


TARIFF NO.: 1211.90.8090

Saffery and Nicki Keohohou

7813 Vienna Dr.

Plano, TX 7025-2721

RE: The tariff classification of Kava, imported in ground up or root form, from Fiji

Dear Mr. and Ms. Keohohou:

In your letter dated July 10, 1998, you requested a tariff classification ruling.

The submitted sample consists of a tan-colored, powder-like substance, which, you state, is made from the (dried) roots of Kava (Piper methysticum Forst.). Notwithstanding the physical state of the submitted sample, you have indicated in your letter that you actually intend to import Kava in root form, which will then be ground up by your customers for use in the manufacture of nutritional supplements. According to Medical Botany, "[F]or a very long time, the natives of the South Pacific Islands used the rhizomes and roots of Piper methysticum or Kava to make a beverage that relaxed body and mind, induced refreshing sleep, and eased pain."

The applicable subheading for Kava, in ground up or root form, 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 regulations of the Animal and Plant Health Inspection Service, Plant Protection and Quarantine Division, U.S. Department of Agriculture. You may contact them at 4700 River Road Unit 139, Riverdale, MD 20737-

1236, telephone number (301) 734-6799.

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.


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