CLA-2-38:OT:RR:E:NC:2:239
Mr. Jonathan Andrew Selzer
HerbaSway Laboratories
101 North Plains Industrial Rd.
Wallingford, CT 06492
RE: The tariff classification Lo Han Fruit Extract 80% Mogrosides from China
Dear Mr. Selzer:
In your letter dated December 10, 2008, you requested a tariff classification ruling for Lo Han Fruit Extract 80% Mogroside which you have stated is an ingredient used to manufacture a liquid dietary supplement. The product is an alcohol/water extract of lo han fruit that has been subsequently dried to remove all traces of alcohol.
In your inquiry you suggest classification in heading 1302 which provides for vegetable sap and extracts obtained by natural exudation or by incision, or extracted by solvents. Lo han fruit extract is an extensively processed, relatively pure product far advanced from the simple processing of extracts classified in heading 1302.
The applicable subheading will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 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/.
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 Richard Dunkel at 646-733-3032.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division