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NY L83629

March 31, 2005

CLA-2-13:RR:NC:2:238 L83629


TARIFF NO.: 1302.19.4020

Ms. Alice Cloughly
Maribel International C.H.B.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of a ginseng extract from Korea

Dear Ms. Cloughly:

In your letter dated March 24, 2005, on behalf of your client, Il Hwa Co., Ltd., you requested a tariff classification ruling.

The submitted sample, described as “pure concentrated ginseng tea,” consists of a small, wooden box containing a glass bottle filled with 1.7 oz. (50g) of a dark-brown, syrupy liquid, stated to be composed of pure ginseng extract. According to the submitted flow chart, crushed ginseng roots are extracted three times with a solution consisting of 50% ethanol and 50% water. The resulting liquid is then placed in a centrifuge, and the filtrate (after removal of a portion of the ethanol) is concentrated under reduced pressure (which results in removal of additional ethanol). The concentrated extract produced is then sterilized and dispensed into the glass bottles. The filled bottles undergo a second sterilization, prior to being packaged for retail sale in the wooden boxes..

The applicable subheading for the subject product will be 1302.19.4020, 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: Ginseng.” The rate of duty will be 1 percent ad valorem.

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 1-888-443-6332. 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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