CLA-2-09:OT:RR:NC:232

Ms. Jennifer Ho
Elite Customs Brokerage
24328 S. Vermont Avenue Ste. #230
Harbor City, CA 90710

RE: The tariff classification of Yerba Maté from Argentina

Dear Ms. Ho:

In your letter dated June 14, 2010, you requested a tariff classification ruling. Samples and descriptive literature accompanied your letter. The samples you submitted were examined and disposed of. The subject merchandise, “Yerba Maté” is said to be the dried tea leaf from Ilex paraguariensis; a species of holly genus native to Argentina. It will be imported in a cardboard box, for retail sale; containing thirty sachets (tea bags). Each 2.5 gram sachet (tea bag) is individually wrapped in a paper envelope that contains the Yerba Maté. The product is steeped in a cup of hot water to make a beverage.

The applicable subheading for the Yerber Maté will be 0903.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mate. 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 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