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NY R04280

July 3, 2006

CLA-2-13:RR:NC:2:238 R04280


TARIFF NO.: 1302.19.9040

Mr. Michael R. Shoule
J.W. Hampton, Jr. & Co., Inc.
161-15 Rockaway Blvd., Room 304
Jamaica, NY 11434

RE: The tariff classification of RoxPlus™ Ashwagandha, RoxPlus™ Bacopa, RoxPlus™ Banaba and RoxPlus™ Asiatica from India

Dear Mr. Shoule:

In your letter dated June 26, 2006, on behalf of your client, Roxlor LLC, you requested a tariff classification ruling.

The first product, RoxPlus™ Ashwagandha, is described as a powdered herbal extract from the root of Withania somnifera. The second product, RoxPlus™ Bacopa, is described as a powdered herbal extract from the whole aerial plant of Bacopa monnieri. The third product, RoxPlus™ Banaba, is described as a powdered herbal extract from the leaf of Lagerstroemia speciosa. The fourth product, RoxPlus™ Asiatica, is described as a powdered herbal extract from the whole aerial plant of Centella asiatica. All four products are stated to consist of “pure extracts,” in powder form, obtained by extraction with an alcohol/water solvent, and are intended for use as ingredients in the formulation of other products.

The applicable subheading for all four products will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

With respect to your request for a ruling on RoxPlus™ Boswellia, please be advised that we require the submission of a manufacturer’s flow chart describing, in detail, each process/operation performed in order to produce the finished product. When this information is available, you may wish to resubmit your request.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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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