CLA-2-09:OT:RR:NC:232
Mr. Doogie Mo
Order Bistro
13223 Black Mountain Road #1
Box 197
San Diego, CA 92129
RE: The tariff classification of Green, White, Oolong and Black Tea from China
Dear Mr. Mo:
In your letter dated February 08, 2012, you requested a classification ruling. You also requested a ruling on country of origin and acceptable country of origin marking. The subject merchandise consists of loose leaf, non-flavored Green tea, White tea, Oolong tea and Black tea. Each tea is packed in individual small foil pouches; weighing 10 grams each, printed with a sticker identifying the four different varieties of tea. You suggest the following scenarios for importation of this merchandise, asking for advice on each one.
Scenario 1: All four varieties of tea, in small foil pouches, are packed in bulk cartons, weighing up to 50 pounds each.
Scenario 2: One single type of tea, in small foil pouches, packed in bulk cartons, weighing up to 50 pounds each.
Scenario 3: All four varieties of tea, in small foil pouches, packed in tin canisters or paper boxes (net weight of 1 pound or less each) put up for retail sale.
Scenario 4: One single type of tea, in small foil pouches, packed in tin canisters or paper boxes (net weight of 1 pound or less each) put up for retail sale.
The applicable subheading for all four varieties of tea packed in bulk cartons (weighing up to 50 pounds each) presented in Scenario 1 will be 0902.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tea, whether or not flavored…other black tea (fermented) and other partly fermented tea. The rate of duty will be free.
The applicable subheading for Green Tea or White Tea in small foil pouches, packed in bulk cartons (weighing up to 50 pounds each) presented in Scenario 2 will be 0902.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tea, whether or not flavored…other green tea (not fermented)…other…other. The rate of duty will be free.
The applicable subheading for Black Tea or Oolong Tea in small foil pouches, packed in bulk cartons (weighing up to 50 pounds each) presented in Scenario 2 will be 0902.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tea, whether or not flavored…other black tea (fermented) and other partly fermented tea. The rate of duty will be free.
The applicable subheading for all four varieties of tea packed in either tin canisters or paper boxes (net weight of 1 pound or less each) presented in Scenario 3 will be 0902.30.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg…Other. The rate of duty will be Free.
The applicable subheading for Green Tea or White Tea packed in either tin canisters or paper boxes (net weight of 1 pound or less each) presented in Scenario 4 will be 0902.10.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Green tea (not fermented) in immediate packings of a content not exceeding 3 kg…other…other. The rate of duty will be Free.
The applicable subheading for Black Tea or Oolong Tea packed in either tin canisters or paper boxes (net weight of 1 pound or less each) presented in Scenario 4 will be 0902.30.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg…Other. The rate of duty will be Free.
However, all immediate containers and wrappings, and all intermediate containers of tea in packages of less than 2.3 kilograms, net, each are dutiable at the rates applicable to such containers and wrappings if imported empty.
Based upon the information provided the Green, White, Oolong and Black teas are products of China.
On October 11, 1996, the President signed the Miscellaneous Trade and Technical Corrections Act of 1996. Section 14 of the Act amended the country of origin marking statute (19 U.S.C. 1304) to exempt imports of certain specified coffee, tea and spices from the marking requirements of 19 U.S.C. 1304 (a) and (b). As a result neither the imported products nor their containers are required to be marked with the foreign country of origin. This statutory exemption is effective for goods entered, or withdrawn from warehouse, for consumption on or after October 11, 1996.
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,
Thomas J. Russo
Director
National Commodity Specialist Division