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NY 813160





November 9, 1995

CLA-2-13:R:N2:238 813160

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.4040

Brian S. Goldstein, Esq.
Tompkins & Davidson
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification of three plant extracts, imported in bulk form, from Italy

Dear Mr. Goldstein:

In your letter dated May 23, 1995, resubmitted on August 1, 1995, on behalf of your client, Indena USA Inc., you requested a tariff classification ruling.

The three subject products, Echinacea angustifolia (Purple coneflower), Chamomile (Matricaria recutita), and Goldenseal (Hydrastis canadensis), are described as dry extracts obtained from various parts of plants by solvent extraction. The Echinacea and Chamomile extracts are stated to be standardized with maltodextrin, while the Goldenseal extract is stated to be standardized with Calcium phosphate, tribasic.

With respect to your request for a tariff classification ruling on Valerian (Valeriana officinalis), please be advised that the following information is required before a ruling can be issued: the percentage composition, by weight, of each component making up the purified extract. With respect to your request for a tariff classification ruling on Passion flower (Passiflora incarnata), please be advised that the following information is required before a ruling can be issued: 1) the percentage composition, by weight, of each component making up the purified extract, and 2) the identity of the standardizing material (glucose syrup and /or maltodextrin). When this information is available, you may wish to resubmit your request.

The applicable subheading for the three subject products will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other." The rate of duty will be 1.4 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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