CLA-2-12:S:N:N7:238 880880
Mr. Robert J. Leo
Adduci, Mastriani, Meeks & Schill
330 Madison Avenue
New York, NY 10017
RE: The tariff classification of dried cut Lemon Verbena leaves
#58, dried cut Strawberry leaves #63 and dried and chopped Wild
Apples #62 that are all used as an ingredient in herbal teas from
Germany
Dear Mr. Leo:
In your letter dated December 2, 1992, on behalf of your
client R.C. Bigelow, Inc, you requested a tariff classification
ruling.
Based upon your information and submitted samples, Lemon
Verbena #58 is Lemon Verbena (dried and cut but not mixed), the
Strawberry leaves #63 is dried and crushed but not admixed and
the Wild Apple #62 is Apple (dried and chopped, but not admixed).
The percent by weight of the Wild Apple passing through a 1.25mm
screen is 95.3 percent. All of these products are intended for
use as active ingredients in herbal teas.
The applicable subheading for the Wild Apple #62 will be
1106.30.4000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Flour and meal of the dried leguminous
vegetables of heading 0713, of sago or roots or tubers of heading
0714; flour, meal and powder of the products of chapter 8, other.
The rate of duty will be 15 percent ad valorem.
The applicable subheading for the Lemon Verbena #58 and the
Strawberry leaves #63 will be 1211.90.8080, HTS, which provides
for Plants 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). The
rate of duty is free.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, MD 20857, telephone number (202) 443-
3380.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
the documents have been filed without a copy, this ruling should
be brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport