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NY 881671





January 27, 1993

CLA-2-23:S:N:N7:231 881671

CATEGORY: CLASSIFICATION

TARIFF NO.: 2306.90.0040

Mr. Scott Mazur
2880 Tennis Court Drive
Unit # 605
West Palm Beach, Florida 33417

RE: The tariff classification of tea seed powder from China and Hong Kong.

Dear Mr. Mazur:

In your letter dated December 22, 1992 you requested a tariff classification ruling.

The tea seed powder is described as a natural organic substance which will be used as a "pest" control (worms) on golf courses, in home gardens, and in other areas where infestation of worms would be a problem.

The source plant of the tea seed powder is Camellis oleifers. It is the residual of the seeds after oil extraction.

The applicable subheading for the tea seed powder will be 2306.90.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other then those of heading 2304 or 2305: other. The rate of duty will be 0.7 cents per kilogram.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

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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