CLA-2-09:OT:RR:NC:232
Ms. Kathleen Root
Schenker, Inc.
3501 Island Avenue
Philadelphia, PA. 19153
RE: The tariff classification of various tea products from Great Britain
Dear Ms. Root:
In your letter dated February 12, 2014, on behalf of Eight Twenty Ventures, Ltd., you requested a tariff classification ruling. Ingredients breakdowns, and samples accompanied your letter. Samples were examined and disposed of.
The subject merchandise consists of two tea products: Daytime Detox and Bedtime Blend Cleanse sold under the name BOOTEA. The products are sold retail packed in a resealable paper bag. All teas are immersed in hot water to produce a beverage.
Daytime Detox consists of oolong tea, yerba maté leaves, ginger root, fennel seeds, lemongrass, dandelion leaf, ginseng root, gotu kola leaves, ginkgo leaves and nettle leaves. Bedtime Blend Cleanse consists of senna leaves, peppermint leaves, fenugreek seeds, liquorice root, burdock root, hawthorn leaves, valerian root and psyllium seeds.
The applicable subheading for the BOOTEA Daytime Detox 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.
The applicable subheading for the BOOTEA Bedtime Blend Cleanse will be 2106.90.9987, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…herbal teas and herbal infusions comprising mixed herbs. The rate of duty will be 6.4 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 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 for Chapter 9 and National Import Specialist Bruce Hadley at (646) 733-3029 for Chapter 21.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division