CLA-2-12:OT:RR:NC:232
Mr. James J. Fitzpatrick
Moringa Source
6 Flint Lock Trail
Newton, CT 06470
RE: The tariff classification of Moringa oleifera from Nicaragua
Dear Mr. Fitzpatrick:
In your letter dated December 10, 2010 you requested a tariff classification ruling.
The subject merchandise is dried Moringa oleifera grown in Nicaragua. Moringa oleifera is a vegetable tree and is the most widely cultivated species of the genus Moringa, which is the only genus in the family Moringaceae. According to the information provided, you plan to import the dried leaves into the United States in 200-pound shipments from Nicaragua. In the United States, the dried leaves will be encapsulated and then sold as a dietary supplement.
The applicable subheading for the Moringa oleifera will be 1212.99.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Other: Other: Other. 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.
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 (646) 733-3031.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division