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NY I82838

June 27, 2002

CLA-2-12:RR:NC:SP:232 I82838


TARIFF NO.: 1212.99.9000; 0410.00.0000

Ms. Kathy Lin
ProFood International, Inc.
PO Box 4378
Lisle, IL 60532-9378

RE: The tariff classification of Bee Pollen and Royal Jelly Powder from China

Dear Ms. Lin:

In your letter dated May 29, 2002, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is three products intended for use in the nutritional supplement industry. The first product is a powder that is described as being solely unprocessed bee pollen. It will be harvested and packaged with no other ingredients added in 12.5 kg or 25 kg fiber drums with inner linings.

The second item is freeze-dried royal jelly powder, also described as being imported without any additives. It will be imported in 1-kg plastic bags. The last product is said to be valerian root extract with a 0.8 percent minimum of valeric acid. It will be imported packaged in 25-kg fiber drums with inner linings.

The applicable subheading for the unprocessed bee pollen will be 1212.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Other: Other: Other. The rate of duty will be free.

The applicable subheading for the freeze dried royal jelly powder will be 0410.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Edible products of animal origin, not elsewhere specified or included. The rate of duty will be 1.1 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the valerian root extract. Your request for a classification ruling should include a flowchart from the manufacturer showing each operation/process performed in order to produce the finished product. When this information is available, you may wish to consider resubmission of your request.

The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 John Maria at (646) 733-3031.


Robert B. Swierupski

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