United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 HQ Rulings > HQ 952103 - HQ 953426 > HQ 952455

Previous Ruling Next Ruling
HQ 952455




December 17, 1992

CLA-2 CO:R:C:F 952455K

CATEGORY: CLASSIFICATION

Tariff No: 1211.90.8090

E. Zuzanna Moore, Ph.D.
Medical Systems International Co.
2972 Valley View Ln.
Dallas, Texas 75234

RE: Tariff classification of a mixture of herbs which, after importation, is used to make a hygienic rinse or douche

Dear Doctor Moore:

The following is in response to your request of July 10, 1992, for a ruling concerning the tariff classification of "Vagosan" consisting of a mixture of dried and cut herbs. Samples were submitted.

FACTS:

"Vagosan" is described as a natural product containing a mixture of dried and cut herbs composed of marigold, chamomile, nettle, bistort, salvia [sage], and oak. No other substances have been added to the mixture. The merchandise will be marketed in bulk packaging containing 100 grams of the herbal mixture and in large "tea bags" containing 10 grams of the mixture. After importation, the herbs are boiled in water and used externally as a rinse or douche to relieve symptoms of itching and burning associated with irritations caused by condom usage, spermicidal gels, other birth control and disease protective measures, and everyday use for natural hygienic washes.

ISSUE:

What is the tariff classification of natural dried and cut herbs which, after importation, are used to make hygienic washes or douches?

LAW AND ANALYSIS:

Heading 1211, Harmonized Tariff Schedule of the United States (HTSUS), 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. Subheading 1211.90.80, HTSUS, further provides for other substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments. Herbs are parts of plants. No other substance has been added to the mixture of various species of herbs. A mixture of various species of natural herbs is not excluded from heading 1211 and the subheadings. The Explanatory Notes to the Harmonized Commodity Description and Coding System, a guideline for use in determining classification under HTSUS, are ambiguous concerning the possible exclusion from heading 1211 of a mixture of various species of natural herbs and is therefore not controlling. Accordingly, the mixture of natural herbs is classifiable under subheading 1211.90.8090, HTSUS, free of duty.

The merchandise may be subject to the requirements of the Food and Drug Administration. To obtain information, correspondence should be addressed to Over the Counter Compliance, Food and Drug Administration, HFD 312, 7500 Standish Place, Rockville, Maryland 20855 (phone number 301-295-8065).

HOLDING:

A mixture of various species of natural cut and dried herbs is classifiable as other plants and parts of plants having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments, under subheading 1211.90.8090, HTSUS, free of duty.

Sincerely

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: