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NY 813933

September 15, 1995

CLA-2-21:S:N:N2:228 813933

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9987

Mr. Raymond Chao
American Ex-Im Corporation
805 Kearny Street
San Francisco, CA 94108

RE: The tariff classification of ginseng tea from Hong Kong.

Dear Mr. Chao:

In your letter dated August 14, 1995, you requested a tariff classification ruling.

The sample submitted with your letter, was examined and disposed of. "Eagle's" brand "American Ginseng Tea" is a mixture of ginseng and glucose, put up in sachets, containing 3 grams, net weight, 10 sachets to a box. Package instructions state the product is consumed after being dissolved in one cup of hot water.

The applicable subheading for the ginseng tea will be 2106.90.9987, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other...herbal teas and herbal infusions comprising mixed herbs. The rate of duty will be 9.4 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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