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February 16, 1999

CLA-2-:RR:NC:2:238 D86864


TARIFF NO.: 1302.19.4040

Ms. Dixie M. Sager
Ashland Chemical Company
P.O. Box 2219
Columbus, OH 43216

RE: The tariff classification of Devil’s Claw Root Extract Powder, imported in bulk form, from Germany

Dear Ms. Sager:

In your letter dated January 13, 1999, you requested a tariff classification ruling.

The subject product, which you refer to as Devil’s Claw Root Extract Powder, consists of a light-brown powder obtained by subjecting the roots of Devil’s Claw (Harpagophytum procumbens) to solvent extraction with 50% ethanol and methyl ethyl ketone. The resulting extract is then mixed with maltodextrin (an inert ingredient obtained from starch) in order to both reduce it to a powder and to standardize it, i.e., to obtain a final product that contains a known portion of the extract. You state in your letter that, subsequent to importation, the subject product will be resold by your company to companies who will use it in the manufacture of dietary supplements.

According to the Dictionary of Economic Plants (2nd edition), "The tuber (of Harpagophytum procumbens) is much prized as a medicine among the Europeans, Hotentots, Bantus and Busman. An infusion is used to (provide) relief from fevers. An ointment is applied to ulcers, sores and boiles (sic). Taken by mouth it is supposed to produce purgation."

The applicable subheading for the subject product will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: “[V]egetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other.” The rate of duty will be 1.1 percent ad valorem.

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 301-443-1544.

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 212-637-7068.


Robert B. Swierupski

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