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NY N007695

July 10, 2007



TARIFF NO.: 0409.00.0025; 2106.90.9998

Mr. Lam Yuk Ha
Strong Harvest Limited
Flat C, 13/F Gee Luen Hing Ind Blg.
2 Yip Fat Street, Wog Chuk Hang
Hong Kong

RE: The tariff classification of “Pure Raw Snow Flower Honey” and “Snow Flower Honey With Royal Jelly and Mulberry Leaf Extracts” from China

Dear Mr. Ha:

In your letters dated February 23, 2007 and May 30, 2007, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and samples with your request. Samples were forwarded to the Customs laboratory for analysis. “Pure Raw Snow Flower Honey” is said to contain 100 percent unprocessed pure raw snow flower honey. “Snow Flower Honey With Royal Jelly and Mulberry Leaf Extracts” is said to contain pure honey and royal jelly. Information on the product label suggest a daily dosage of one teaspoon along with warm water.

The applicable subheading for the “Pure Raw Snow Flower Honey” will be 0409.00.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural honeycomb honey and honey packaged for retail sale. The rate of duty will be 1.9 cents per kilogram. Additionally, there is a 2.2 cents per kilogram agricultural fee on all imported honey.

The applicable subheading for the “Snow Flower Honey With Royal Jelly and Mulberry Leaf Extracts” will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the “Mother Chrysanthemum Honey Cleanser.” Your request for a classification ruling should include the following additional information:

Provide complete ingredients breakdowns, by weight.

Provide a sample of the actual retail product.

When this information is available, you may wish to consider resubmission of your request.

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 sample you submitted, “Snow Flower Honey With Royal Jelly and Mulberry Leaf Extracts,” does 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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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