CLA-2-12:RR:NC:2:238 G82393

Gregory A. Hobbs, Ph.D.
The Lab Inc.
1313 Lyndon Lane, Suite 208
Louisville, KY 40222

RE: The tariff classification of peppermint (Mentha piperita) and chamomile (Matricaria chamomilla) leaves, imported put up in sachets, from Iran

Dear Dr. Hobbs:

In your letter dated September 21, 2000, you requested a tariff classification ruling.

The subject products consist of peppermint (Mentha piperita) and chamomile (Matricaria chamomilla) leaves put up in sachets (tea bags) for the purpose of brewing herbal tea. Each sachet will contain only peppermint leaves or chamomile leaves. In addition, the leaves contained in the sachets will not be mixed with any other substance(s).

The applicable subheading for the peppermint leaves, imported put up in sachets, will be 1211.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for "[P]lants 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 rate of duty will be 4.8 percent ad valorem.

The applicable subheading for the chamomile leaves, imported put up in sachets, will be 1211.90.8080, HTS, which provides for "[P]lants 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 will be free. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division