CLA-2-12:OT:RR:NC:N2:232

Jairo E. Leon
Engineering & Trade Inc.
5701 NW 112th Ct
Doral, Florida  33178

RE: The Tariff classification of herbal tea from Germany.

Dear Mr. Leon: In your letter dated January 21, 2020, on behalf of your client Julius Meinl North America, you requested a tariff classification ruling.

The subject merchandise is three tea products described as item number 88595 “SB N Peppermint 25TB,” item number 88596 “SB N Camomile 25TB,” and item number 88968 “HT Bio Camomile Serenade 18 LB JM.” The items will be imported for the purpose of brewing tea.

Item number 88595 “SB N Peppermint 25TB” consists of peppermint herbal tea put up in sachets, 25 per pack.

Item number 88596 “SB N Camomile 25TB” consist of herbal chamomile tea put up in sachets, 25 per pack.

Item number 88968 “HT Bio Camomile Serenade 18 LB JM” consists of organic apple bits, organic chamomile blossoms, organic lemongrass, organic blackberry leaves, organic licorice root, organic honey bush tea, organic lime-tree blossoms and flavoring, put up in sachets, 18 per pack.

The applicable subheading for item number 88595 “SB N Peppermint 25TB” will be 1211.90.4020, 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: Other: Mint leaves: Other: Herbal teas and herbal infusions (single species, unmixed). The general rate of duty will be 4.8 percent ad valorem. The applicable subheading for item number 88596 “SB N Camomile 25TB” will be 1211.90.9280, 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, chilled, frozen or dried, whether or not cut, crushed or powdered: Other: Other: Fresh or dried: Other: Herbal teas and herbal infusions (single species, unmixed). The rate of duty will be free.

The applicable subheading for the item number 88968 “HT Bio Camomile Serenade 18 LB JM” will be 2106.90.9887, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Herbal teas and herbal infusions comprising mixed herbs. The general rate of duty will be 6.4 percent ad valorem.

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 the World Wide Web at https://hts.usitc.gov/current.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act) which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the website www.fda.gov/oc/bioterrorism/bioact.html.

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 Frank Troise at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division