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NY A81941




April 11, 1996

CLA-2-9:RR:NC:FC:232 A81941

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.30.0090; 3923.21.0090; 3923.29.0000

Ms. Laura Giarraputo
C-Air International, Inc.
11222 S. La Cienega Boulevard
Suite 100
Inglewood, California 90304

RE: The tariff classification of "Mixed Cha Herbal Tea" from Thailand.

Dear Ms. Giarraputo:

In your letter dated March 19, 1996, on behalf of H.C. Foods, you requested a tariff classification ruling.

A sample and information were submitted with your initial request dated January 4, 1996. The subject merchandise is stated to contain Chai Thai tea, which is a black tea from the botanical genus "Camellia", and Star anise seed. The product will be imported in a 16 ounce plastic bag. The mixture is boiled and used as a flavor enhancer.

The applicable subheading for the "Mixed Cha Herbal Tea" will be 0902.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 Kg...other. The duty rate will be free.

However, all immediate containers and wrappings, and all intermediate containers, of tea in packages of less than 2.3 kilograms, net, each are dutiable at the rates applicable to such containers and wrappings if imported empty.

The applicable subheading for the plastic bag, if the plastic is polyethylene, will be 3923.21.0090, HTS, which provides for sacks and bags (including cones): of polymers of ethylene...other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the plastic bag, if the plastic is other than polyethylene, will be 3923.29.0000, HTS, which provides for sacks and bags (including cones)...of other plastics. The rate of duty will be 3 percent ad valorem

Articles classifiable under subheadings 3923.21.0090 and 3923.29.0000, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

Additionally, tea, classifiable under subheading 0902.30.0090, HTS, is subject to the provisions of the Import Tea Act (21 USC 41-50). The act requires that a tea examination fee of 3.5 cents per hundred weight or fraction thereof be collected from each entry at the time of entry. It further requires that each entry be sampled, examined and released by a permit signed by a qualified tea examiner. It requires, too, that a Tea Chop List and Release Permit (FD Form 1824) be submitted with each entry.

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

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

This ruling is being issued under the provisions of Part 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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,

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