CLA-12-:OT:RR:NC:2:235
Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road
Suite # 205
Monterey Park, CA 91754
RE: The tariff classification of Ginseng Tea and Ginseng Brown Sugar
Dear Mr. Awana:
In your letter dated March 17, 2011, you requested a tariff classification ruling.
The first product is HSU’s American Ginseng Tea. You indicate that American Ginseng is exported to Taiwan where it is ground and placed into tea bags. Literature provided with your request indicates that it may be used as a tea or as a flavoring for cooking.
The second product is HSU’s American Ginseng Brown Sugar. You indicate that American Ginseng is mixed with Taiwanese brown sugar and formed into cubes. In response to a request for additional information you state that the manufacturer boils brown sugar and then mixes in the powdered ginseng. It is allowed to dry and cool prior to packaging into small aseptic packs. You indicate that the product contain ninety-five percent brown sugar from Taiwan and 5 percent ginseng powder. Marketing literature provided with your letter indicates that the product may be used to make tea or to be eaten by itself as a snack.
The applicable subheading for the American Ginseng Tea Bags will be will be 1211.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), 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: Ginseng roots: Cultivated.” The rate of duty will be free.
The applicable subheading for the American Ginseng Brown Sugar will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: put up for retail sale: other.” The duty rate will be 5.6%.
Please be aware that the product packaging received by this office appears to be inadequate for Country of Origin Marking purposes. The samples you submitted are not marked with the country of origin. The American Ginseng and Brown Sugar consists of Ninety Five Percent Brown Sugar from Taiwan, it therefore would not be considered a U.S. good for marking purposes. Therefore, if imported as is, they will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the American Ginseng and Brown Sugar would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."
In addition Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.
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 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 Paul Hodgkiss at (646) 733-3046. If you have any questions regarding sugar products, contact National Import Specialist Frank Troise at (646) 733-3031.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division