CLA-2-13:OT:RR:NC:2:235
Ms. Ricki Duran
American Lamprecht
700 Rockaway Tpke #303a
Lawrence, NY 11559
RE: The tariff classification of various natural vegetable extracts.
Dear Ms. Duran:
In your letter dated November 28, 2012, you requested a tariff classification ruling.
The subject products are:
Wakame High Purity Extract Maritech Reverse
Kigelia Extract
Sutherlandia Extract
Rooibos Extract
Buchu Extract
You indicate that “all products are unfinished products used in and for the manufacture of skin care, moisture care, perfume, lipstick, make up etc.”
In our phone conversation, you indicated that all extracts are obtained through simple processes such as water extraction and filtration to maintain the natural beneficial plant metabolites present in the extracted material.
The Kigelia Extract also called Kigelia Africana PE is imported as a powdered extract mixed with micro-crystalline cellulose which our research shows is an inert material and may function as a texturizer, an anti-caking agent, a fat substitute, an emulsifier, an extender, and a bulking agent in food production.
The Sutherlandia extract also called Sutherlandia PE is mixed with maltodextrin in condition as imported. Our research shows that maltodextrin is used because of its “ability to attract and hold water molecules from the surrounding environment.” That is, it is a drying and powdering agent.
The Rooibos Extract also called Novel-T ® Rooibos PE is a powdered extract. It is obtained from the Aspalathus linearis herba plant. It is imported mixed with maltodextrin. As previously stated maltodextrin is used because of its “ability to attract and hold water molecules from the surrounding environment.” That is, it is a drying and powdering agent.
The Buchu Extract is also called Afriplex® Buchu 3:1 PE. It is also imported mixed with maltodextrin. As previously stated maltodextrin is used because of its “ability to attract and hold water molecules from the surrounding environment.” That is, it is a drying and powdering agent.
The applicable subheading for the Kigelia Extract, the Sutherlandia extract, the Rooibos Extract and the Buchu Extract will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vegetable saps and extracts: Other: Other: Other." The rate of duty will be free.
We need additional information in order to issue a ruling for the “Wakame High Purity Extract Maritech Reverse” extract indicated as Number 1 above. Please submit the information described below:
A sample of the Wakame High Purity Extract Maritech Reverse in its condition as imported.
A manufacturing flowchart showing all chemical and physical extractions steps performed in the extraction process.
A chemical breakdown of ingredients present in the imported product by weight.
Laboratory analysis if available
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
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 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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division