CLA-2-12:RR:NC:2:238 G89920
Ms. Beth Zaffran
Trans-Border Customs Services, Inc.
625 Delaware Avenue, Suite 210
Buffalo, NY 14202
RE: The tariff classification of various plant parts in granular form, put up in sealed foil packets, for use in making herbal teas, from China
Dear Ms. Zaffran:
In your letter dated April 5, 2001, on behalf of your client, E-Tech Canada Limited, you requested a tariff classification ruling.
The submitted samples consist of sealed foil packets containing white hyacinth bean, gingko seed, “greenish” lilly bulb, peppermint, and liquorice root, in granular form. Each packet contains only one type of plant part, which is not mixed with any other ingredients (e.g., sugar). The granules are dissolved in hot water for the preparation of herbal tea. Although each foil packet indicates that the contents are “[E]xtracted from … original herb,” you have confirmed to a member of my staff, during a telephone conversation on April 12, 2001, that the subject products are not prepared by means of solvent extraction. In addition, each foil packet is marked in bold letters: “Made in China/Fabriqué en Chine.”
The applicable subheading for the packet containing liquorice root will be 1211.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[P]lants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Licorice roots." The rate of duty will be free.
The applicable subheading for the packet containing peppermint will be 1211.90.4020, HTS, which provides for "[P]lants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Mint leaves: Other: Herbal teas and herbal infusions (single species, unmixed).” The rate of duty will be 4.8 percent ad valorem.
The applicable subheading for the packets containing white hyacinth bean, ginkgo seed, and lilly bulb, respectively, will be 1211.90.8080, HTS, which provides for "[P]lants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Herbal teas and herbal infusions (single species, unmixed).”
This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.
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 Harvey Kuperstein at 212-637-7068.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division