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July 9, 1999

CLA-2-13:RR:NC:2:238 E84051


TARIFF NO.: 1302.19.4040

Mr. Nicholas Cola
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of St. John’s Wort Powdered Extract, imported in bulk form, from China

Dear Mr. Cola

In your letter dated May 19, 1999, resubmitted on June 28, 1999, you requested a tariff classification ruling.

The subject product, which you refer to as “St. John’s Wort Dry Extract, “ consists of St. John’s Wort (Hypericum perforatum) extract in powder form. A production flow chart from the manufacturer was submitted with your ruling request.

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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