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NY H81297

May 31, 2001

CLA-2-12:RR:NC:2:238 H81297


TARIFF NO.: 1302.19.9040

Ms. Beth Zaffran
Trans-Border Customs Services, Inc.
625 Delaware Avenue, Suite 210
Buffalo, NY 14202

RE: The tariff classification of herbal teas, put up in sealed, foil packets, from China

Dear Ms. Zaffran:

In your letter dated May 16, 2001, on behalf of your client, E-Tech Canada Limited, you requested a tariff classification ruling.

The five, submitted samples, namely: Peach Seed, Germinated Barley, Green Gram Spermoderm, Chinese Waxgourd Seed, and Peppermint consist of granules, stated to be formed from powdered vegetable extracts, put up in sealed, foil packets. The extracts, in turn, are stated to be prepared by solvent extraction. Each packet is stated to contain only a single extract, and no other ingredients (e.g., sugar). The granules are dissolved in hot water for use as an herbal tea.

The applicable subheading for the five submitted samples will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for "Vegetable 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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