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NY K84522

April 9, 2004
CLA-2-29:RR:NC:2:239 K84522


TARIFF NO.: 3824.90.9150

Mr. Andrew L Rubman:
900 Main Street South
Building 1, Suite 200
Southbury, CT 06488

RE: The tariff classification of Lo Han Guo Powder from China.

Dear Mr. Rubman:

In your letter dated March 18, 2004, you requested a tariff classification ruling for Lo Han Guo Powder.

You indicate in your letter that the subject product is “[s]imply a powder produced by drying a hot water decoction of a Chinese fruit.” However, the flow chart supplied by the manufacturer shows that, following separation from the fruit pulp, the “[l]iquid is passed through the resin column to remove suspended particulate and then evaporated.” As evidenced by the Product Specification Sheet , this chromatographic processing results in the finished product having a total mogroside content of 80%. Accordingly, it is our determination that the removal of various plant components from the basic extract (i.e., the liquid separated from the fruit pulp, produced by the extraction process of decoction), through the use of chromatography, excludes the finished product from classification, as a vegetable extract, under heading 1302, HTS.

The applicable subheading will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 Andrew Stone at 646-733-3032.


Robert B. Swierupski

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