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NY G84226

November 27, 2000

CLA-2-13:RR:NC:2:238 G84226


TARIFF NO.: 1302.19.9040

Mr. Todd Craun
South American Organics
P.O. Box 641
936 County Line Road
Bryn Mawr, PA 19010

RE: The tariff classification of Echinacea Medica™ from Bolivia

Dear Mr. Craun:

In your letter dated October 24, 2000, you requested a tariff classification ruling.

The submitted sample, described as “Echinacea Medica™ Herbal Supplement,” consists of a dark-brown, glass bottle, with a srew-down cap, containing 1.7 fl. oz. (50 ml) of Echinacea (Echinacea purpurea) extract, prepared as a tincture (alcohol content 65% v/v). There are no other ingredients listed on the label. The bottle, in turn, is put up for retail sale in a paperboard package. Based on its actual composition, it is our determination that the subject product – 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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