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NY H83491




August 2, 2001

CLA-2-12:RR:NC:2:238 H83491

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8090

Yousry Naguib, Ph.D.
8 Baron Park Lane, Apt #2
Burlington, MA 01803

RE: The tariff classification Ferula hermonis Boiss, imported as the whole plant, as well as the dried or powdered roots thereof, from Egypt, Lebanon, and Syria

Dear Dr. Naguib:

In your letter dated June 26, 2001, you requested a tariff classification ruling.

The subject products consist of Ferula hermonis Boiss, commonly known as “Shirsh Zallouh,” imported as the whole plant, as well as the dried or powdered roots thereof. You indicate that these products are intended for use in the manufacture of dietary supplements.

The applicable subheading for the subject products will be 1211.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: 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.

Please be advised that your request for a tariff classification ruling, re: an extract prepared from the roots of Ferula hermonis Boiss, cannot be accommodated unless/until a flow chart from the manufacturer is submitted. The flow chart must show each operation undertaken in order to produce the extract, as well as the reason(s) why each of those operations is carried out. When this information is available, you may wish to resubmit your request. 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.

Sincerely,

Robert B. Swierupski

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