CLA-2-21:OT:RR:E:NC:232

Mr. Jonathan A. Selzer
HerbaSway Laboratories
101 North Plains Industrial Road
Wallingford, CT 06492

RE: The tariff classification of Green Tea Extract 95% Polyphenols from China

Dear Mr. Selzer:

In your letter dated December 10, 2008 you requested a tariff classification ruling.

The subject merchandise is described as Green Tea Extract 95% Polyphenols. It is a water/alcohol extract of green tea leaves. The extract is dried to remove all water and ethanol and is in powder form. The green tea extract will be used as an ingredient in the production of liquid dietary supplements made in the United States.

The applicable subheading for the Green Tea Extract 95% Polyphenols will be 2101.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: Extracts, essences and concentrates. 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/.

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 telephone number (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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division