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NY J87310

July 22, 2003

CLA-2-13:RR:NC:2:238 J87310


TARIFF NO.: 1302.19.4040

Ms. Jennifer G. Archer
James G. Wiley Co.
5305 West 102nd Street
Los Angeles, CA 90045

RE: The tariff classification of Aloe Ferox Bitter Crystal and Aloe Ferox Bitter Powder, imported in bulk form, from South Africa

Dear Ms. Archer:

In your letter dated July 1, 2003, on behalf of your client, Ostrich World Inc., you requested a tariff classification ruling. A sample of Aloe Ferox Bitter Crystal, which consists of hard, dark-brown, shiny granules, was submitted with your inquiry.

According to the literature and articles found on the World Wide Web, Aloe ferox Mill. is the scientific name for a species of Aloe, native to Africa, commonly known as Bitter Aloe, Cape Aloe, or Red Aloe. Both of the subject products consist of the bitter, yellow juice (“sap”) occurring in specialized cells found just below the epidermis of the leaf - as opposed to the mucilaginous gel, known as Aloe Vera Gel, which is obtained from the parenchymatous tissue in the center of the Aloe vera leaf. In explaining the manufacturing process for both products, you indicate in your letter that the sap is collected from freshly harvested leaves and heated, without the addition of any other ingredients, for about 3 hours, until it crystallizes. An additional step of crushing the crystals into a fine powder would be undertaken in order to produce the powdered version. You state in your letter that these products are intended for use in the manufacture of dietary supplements.

The applicable subheading for both products will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Vegetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other.” The rate of duty will be 1 percent ad valorem.

Articles classifiable under subheading 1302.19.9040, HTS, which are products of South Africa may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP."

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 646-733-3033.


Robert B. Swierupski

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