CLA-2-12:S:N:N7:238 880881
Mr. Robert J. Leo
Adduci, Mastriani, Meeks & Schill
330 Madison Avenue
New York, NY 10017
RE: The tariff classification of Rose Hips #60, a dried fruit,
Chamomile flowers #52, dried and crushed, but not admixed,
Cornflower leaves #65, dried and crushed, but not admixed,
Rosebuds #56, dried and crushed, but not admixed and Safflower
#61, dried and crushed, but not admixed that are all used as an
ingredient in herbal teas from Germany
Dear Mr. Leo:
In your letter dated December 2, 1992, on behalf of your
client R.C. Bigelow, Inc., you requested a tariff classification
ruling.
Based upon your information and submitted samples, Rosehips
#60, a dried crushed brown plant material, is Rose Hips (a dried
fruit), Chamomile #52, a dried crushed yellowish material, is
Chamomile (dried and crushed, but not admixed), Cornflower #65,
dried purple leaves, is Cornflower (dried and crushed, but not
admixed), Rosebuds, a crushed tan plant material with a rose-
like odor, consists of Rosebuds (dried and crushed, but not
admixed) and Safflower #61, in the form of crushed yellow flowers
is Safflower (dried and crushed, but not admixed). All of these
products will be used as ingredients in herbal teas.
The applicable subheading for the Rosehips #60 will be
0813.40.9000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Fruits, dried, other than that of
headings 0801 to 0806; ...., other. The rate of duty will be 3.9
percent ad valorem
The applicable subheading for the Chamomile #52, Cornflower
#65 and the Rosebuds #56 will be 1211.90.8080, HTS, which
provides for Plants and parts of plants (including seeds and
fruits) of a kind used primarily in perfumery, pharmacy or for
insecticidal, fungicidal or similar purposes, fresh,or dried,
whether or not cut, crushed or powdered, other, other, other,
Herbal teas and herbal infusions (single species, unmixed). The
rate of duty is free.
The applicable subheading for the Safflower #61 will be
1404.10.0040, HTS, which provides for Vegetable products not
elsewhere specified or included, Raw vegetable materials of a
kind used primarily in dying or tanning, other. The rate of duty
is free.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, MD 20857, telephone number (202) 443-
3380.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport