CLA-2-13:OT:RR:NC:N2:235
Mr. John Hanson
MBC Brokers Inc.
P.O. Box 1900
Manhattan Beach, CA 90267
RE: The tariff classification of Milk Thistle 4:1 from China
Dear Mr. Hanson:
In your letter dated December 24, 2012, on behalf of your client Jia Herb Inc., you requested a tariff classification ruling. The sample and accompanying documentation received with your request was sent to our laboratory for analysis. Our assessment of your request is based on the result of that analysis.
The instant product Milk Thistle 4:1 is a light brown amorphous powder consisting of starch, silymarin and ash. According to the manufacturing flow chart you submitted, the milk thistle fruit is sorted, washed, dried, and extracted utilizing a water extraction process. It is extracted three times for two hours each at a temperature of 98 degrees. The resulting “liquid extract” is then concentrated, via a spray drying processed into a fine powder, mixed, blended and then packed.
The applicable subheading for the Milk Thistle Extract will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for Vegetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other." The rate of duty will be 1% ad valorem.
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division