CLA-2-12:S:N:N7:238 889578
Pushkar N. Kaul, Ph.D.
Trade Am
1859-I Beaver Ridge Circle
Norcross (Atlanta) GA, 30071
RE: The tariff classification of three herbal products from India
Dear Dr. Kaul:
In your letter dated June 30, 1993, resubmitted on August 24, 1993, you
requested a tariff classification ruling.
The subject merchandise consists of three herbal products, collectively
designated as "Kesh Sanjivani". The first product consists of a powdered
mixture of the parts of ten or more plants grown in India. The second product
consists of an aqueous extract made from the first product, and stabilized
with 5% ethanol and 1% olive oil. The third product consists of a
concentrated extract prepared by evaporating, under vacuum, the alcohol and
the olive oil from the second product. You indicate that all three products
will eventually be used in the production of cosmetic and healthcare
products.
The applicable subheading for the first product will be 1211.90.8090,
Harmonized Tariff Schedule of the United States (HTS), which provides for
plants and parts of plants (including seeds and fruits), of a kind used
primarily in perfumary, in pharmacy or for insecticidal, fungicidal or
similar purposes, fresh or dried, whether or not cut, crushed or powdered:
other: other: other: other. The rate of duty will be free.
The applicable subheading for the second and third products will be
1302.19.4040, HTS, which provides for vegetable saps and extracts: other:
ginseng; substances having anesthetic, prophylactic or therapeutic
properties: other: other. Articles classifiable under subheading
1302.19.4040, HTS, which are products of India, are entitled to duty free
treatment under the Generalized System of Preferences (GSP) upon compliance
with all applicable regulations. Otherwise, the rate of duty will be 1.5
percent ad valorem.
This merchandise may be subject to the regulations of the Food and Drug
Administration. You may contact them at 5600 Fishers Lane, Rockville, MD
20857, telephone number (202) 857-8400.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport