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NY F86090

June 16, 2000

CLA-2-13:RR:NC:2:238 F86090


TARIFF NO.: 1302.19.9040

Mr. J.J. Edwards
241 West 97th Street, 7N
New York, NY 10025-6209

RE: The tariff classification of an Echinacea extract from Finland

Dear Mr. Edwards:

In your letter dated April 14, 2000, you requested a tariff classification ruling.

The submitted sample consists of a dark-brown glass bottle, with a screw-down plastic cap, containing 50 mL of Echinacea (Echinacea purpurea) extract prepared as a tincture (alcohol content = 60% by volume). There are no other ingredients listed on the label. You state in your letter that the submitted sample represents the manner in which the subject product will actually be imported into - as well as offered for retail sale in - the United States. Consequently, based on its actual composition, it is our determination that the subject extract - notwithstanding its being imported put up packed ready for retail sale – still retains its character as a raw material.

The applicable subheading for the subject product will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for "[V]egetable saps and extracts: 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 301-443-1544.

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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