CLA-2-09:RR:NC:SP:231

Mr. Troy Clarke
CBT International, Inc.
110 West Ocean Blvd., Suite 728
Long Beach, CA 90802

RE: The tariff classification of juniper berry powder from Macedonia.

Dear Mr. Clarke:

In your letter dated April 27, 2007, together with a follow-up submission received here on June 4, 2007, you requested a tariff classification ruling on behalf of your client, MB North America, Inc.

A sample packet of fine brown particles identified as powdered juniper berries (Juniperus communis) was submitted for our examination. The powder is said to have been heat treated (using steam) “to reduce its microbiological burden (making the product safe for consumption).” The product, which will be imported in 25-kg cardboard containers, will be sold to your client’s customers for further manufacturing. It is anticipated that the powder will ultimately be incorporated into dietary supplement blends of various kinds.

The applicable subheading for the juniper berry powder will be 0909.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in pertinent part, for juniper berries. The 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/.

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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location: U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Telephone number: 877-770-5990

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 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division