CLA-2-32:OT:RR:NC:2:236

Mr. Justin Byczek
Lisa Ragan, CHB
105 Forest Parkway, Suite 400
Forest Park, GA 30297

RE: The tariff classification of “Tea Stain Dye” from China

Dear Mr. Byczek:

In your letter received November 9, 2016, on behalf of your client, A W Faber-Castell USA, Inc., you requested a tariff classification ruling on “Tea Stain Dye.” The submitted sample has been reviewed and will be returned to your office. The product packaging indicates that “Tea Stain Dye” is made of colored dye and tea leaf blends and is intended to be use on 100% cotton fabric and watercolor paper. The retail-ready package contains three “tea bags” in red, blue, and orange colors and an instruction sheet. This product is not intended for human consumption.

You have suggested classification in 3213.90.0050, Harmonized Tariff Schedule of the United States (HTSUS); however, we have found that to be incorrect, because the product at issue is more specifically provided for under heading 3203.

The applicable subheading for “Tea Stain Dye” will be 3203.00.8000, HTSUS, which provides for Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other. The general rate of duty will be 3.1%.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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 https://hts.usitc.gov/current.

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 Nuccio Fera at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division