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NY 858112

Nov 21, 1990

CLA-2-8:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0813.40.9000; 1211.90.8080

Ms. Emilia Roffe
1365 York Ave, 22K
New York, NY 10021

RE: The tariff classification of herbal teas from Chile

Dear Ms. Roffe:

In your letter dated November 14, 1990, you requested a tariff classification ruling.

Five samples accompanied your letter, were examined and disposed of. The products are herbal teas, consisting of dried plant parts or dried fruits, reduced to small particle size, put up in tea bags and packed in retail sized boxes containing 24 bags. Each herbal tea consists of a single species - boldo, camomile (sic), linden, vervain, and rose hip - with no flavorings, preservatives, sweeteners, or other additives.

The applicable subheading for the rose hip tea will be 0813.40.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, dried...other fruit...other. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the boldo, camomile, linden and vervain teas will be 1211.90.8080, HTS, which provides for plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered...other...other...herbal teas and herbal infusions (single species, unmixed). The duty rate will be free.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency directly for further information.

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

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See also:

• Tariff No.: 0813.40.90 - Fruit nesi, dried, other than that of headings 0801 to 0806, and excluding mixtures
• Tariff No.: 1211.90.80 - Plants and parts of plants nesi, of a kind used in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes