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NY H84609

August 31, 2001

August 31, 2001

CLA-2-13:RR:NC:2:238 H84609


TARIFF NO.: 1302.19.9040

Barry E. Powell, Esq.
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd., Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of EH-101 from Japan

Dear Mr. Powell:

In your letter dated August 22, 2001, on behalf of your client, YK Flora, Inc., you requested a tariff classification ruling.

The submitted sample, EH-101, consists of a plastic squeeze-bottle with a screw-on cap and a 10cc measuring cup, which is fitted over the cap. The bottle contains 3.38 fluid ounces of a clear, colorless liquid, which (according to the label) is composed solely of extracts obtained from the following plants: Japanese Cedar (cryptomeria japonica), Hinoki Cypress (chamaecyparis obtusa), Japanese Red Pine (pinus densiflora), and Greater or Common Plantain (plantago major). You state in your letter that the subject product is indicated for use as a dietary supplement.

Although it is your belief that EH-101 is classifiable under subheading 2106.90.9998, HTS, it is our determination that, based on its actual composition, the subject product still retains its character as a raw material - notwithstanding its being imported put up packed ready for retail sale for use as a dietary supplement. Harmonized System Explanatory Note 1302, HTS.

The applicable subheading for the subject product 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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