CLA-2-14:OT:RR:E:NC:N2:231

Mr. Ricky Villena
Neutralogistics Customs Brokerage LLC
8578 NW 23rd Street
Doral, FL 33122

RE: The tariff classification of dried henna leaves from Kenya

Dear Mr. Villena:

In your letter dated March 5, 2015, on behalf of Obosojo Investments, you requested a tariff classification ruling.

The product under review is Dried Henna Leaves. You have stated that the leaves will be sun dried and imported in cartons. We would note that henna leaves are generally used as a source material from which hair dyes, temporary tattoos and the like are prepared. You have indicated that the subject leaves will be imported for unspecified decorative purposes.

The applicable subheading for the dried henna leaves will be 1404.90.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or included: other: other: raw vegetable materials of a kind used primarily in dyeing or tanning: other. The general rate of duty will be free.

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/.

You enquired if the merchandise is subject to preferential duty treatment. However, since the applicable HTSUS subheading carries an unconditionally free rate of duty, the application of any free trade programs or agreements is unnecessary.

The importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS) and/or the U.S. Food and Drug Administration. It is suggested that you contact those agencies directly at the following locations for further information: U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Telephone number: (301) 851-2046 Website: www.aphis.usda.gov

U.S. Food & Drug Administration (FDA) Division of Import Operations and Policy 12420 Parklawn Drive (Room 3109) Rockville, MD 20857 Telephone number: (301) 796-0356 Email address: [email protected]

Additionally, since you asked about country of origin marking requirements in your e-mail, we are providing the following as general information: The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. 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 Nathan Rosenstein at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division