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NY I83259

July 8, 2002

CLA-2-12:RR:NC:2:228 I83259


TARIFF NO.: 1211.90.9080; 2106.90.9998

Mr. Daniel Zupko
67 Park Place
Morristown, NJ 07960

RE: The tariff classification of food supplements from Taiwan

Dear Mr. Zupko:

In your letter dated June 20, 2002, on behalf of Inteplast Group, Livingston, NJ, you requested a tariff classification ruling.

Samples of three items, with production information for two of them, was submitted with your letter. The samples were examined and disposed of. Mulberry Leaf Tea consists of finely chopped, dried pieces of mulberry leaf, put up in tea bags. The tea bags are packed in sealed, metallized plastic pouches, 30 pouches in a box. Cordyceps sinensis is a capsule said to contain the dried and powdered mycelium of the Cordyceps sinensis plant. Ganoderma lucidum is a capsule containing a powder said to be the dried mycelium and spores of the Ganoderma lucidum (Reishi) fungus. Both products are put up in capsules containing 350 milligrams, 60 capsules to a plastic bottle.

The applicable subheading for the Mulberry Leaf Tea will be 1211.90.9080, 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 powderedotherotherherbal teas and herbal infusions (single species, unmixed). The rate of duty will be free.

The applicable subheading for the Cordyceps sinensis and Ganoderma lucidum capsules will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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