CLA-2-21:S:N:N2:228 813933
Mr. Raymond Chao
American Ex-Im Corporation
805 Kearny Street
San Francisco, CA 94108
RE: The tariff classification of ginseng tea from Hong Kong.
Dear Mr. Chao:
In your letter dated August 14, 1995, you requested a tariff
classification ruling.
The sample submitted with your letter, was examined and
disposed of. "Eagle's" brand "American Ginseng Tea" is a mixture
of ginseng and glucose, put up in sachets, containing 3 grams,
net weight, 10 sachets to a box. Package instructions state the
product is consumed after being dissolved in one cup of hot
water.
The applicable subheading for the ginseng tea will be
2106.90.9987, Harmonized Tariff Schedule of the United States
(HTS), which provides for food preparations not elsewhere
specified or included...other...other...other...herbal teas and
herbal infusions comprising mixed herbs. The rate of duty will
be 9.4 percent ad valorem.
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 (19 CFR Part 134). The sample you
have submitted 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 ruling is being issued under the provisions of Section
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 Stanley
Hopard at 212-466-5760.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division