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NY 803580





November 14, 1994

CLA-2-21:S:N:N7:228 803580

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6987

Mr. H.D. Rogers
H.E. Ladwig Div.
Border Brokerage Company, Inc.
P.O. Box 57
Eastport, ID 83820

RE: The tariff classification of herbal teas from Germany

Dear Mr. Rogers:

In your letter dated October 26, 1994, on behalf of Grass Roots Living, Bonners Ferry, Idaho, you requested a tariff classification ruling.

Descriptive literature, two package labels, and one sample were submitted with your letter. The products are described as fruit teas, composed of a mixture of dried fruits, fruit peel, flowers, and other ingredients, put up for retail sale in containers holding 4.4 ounces, net weight. Tropical Flavour Fruit Tea Mixture is said to contain apples, bananas, blue mallow flowers, currants, elder flowers, hibiscus, orange peel, papaya, rosehips and tropical fruit flavor. Passion Fruit Flavour Fruit Tea Mixture contains apples, elder berries, hibiscus, marigold flowers, orange peel, rosehips and passion fruit flavor.

The applicable subheading for these two herbal teas will be 2106.90.6987, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...herbal teas and herbal infusions comprising mixed herbs. The duty rate will be 10 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Orange Blush product. Your request for a classification ruling should include a complete ingredients breakdown for all products you wish to import.

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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