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NY A85362



July 24, 1996

CLA-2-20:RR:NC:FC:228 A85362

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.9090

Mr. Samuel B. Gumbs
O'Neill & Whitaker, Inc.
30 Vesey Street, Suite 802
New York, NY 10007

RE: The tariff classification of prepared plant parts from China.

Dear Mr. Gumbs:

In your letters dated May 3, 1996, and June 28, 1996, on behalf of Primo Sales, New York, NY, you requested a tariff classification ruling.

The sample, submitted with your first letter, was examined and disposed of. The product consists of dry Codonopsis Pilosula, mixed with licorice root, honey, and an artificial sweetener, that has been steamed, dried and put up in sealed 50 gram packets.

The applicable subheading for the prepared Codonopsis Pilosula will be 2008.99.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...other other... other. The rate of duty will be 6.7 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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