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NY 895933




April 5, 1994

CLA-2-21:S:N:N7:238 895933

CATEGORY: CLASSIFICATION

TARIFF NO.: 2102.20.6000; 2106.90.6973; 1211.90.8080; 2106.90.6999

Mr. John C. Haedrich
Meiko America, Inc.
2160 East Dominguez Street
Long Beach, CA 90810

RE: The tariff classification of Sun Chlorella Tablets; Sun Siberian Ginseng Tablets; Sun Siberian Ginseng Extract; Sun Siberian Ginseng Tea (in sachets); and Chlorella Wakasa Gold Extract Drink, from Japan

Dear Mr. Haedrich:

In your letter dated March 13, 1994, you requested a tariff classification ruling.

Sun Chlorella Tablets are composed of pure chlorella (a green, single-cell algae), whose cell-walls have been disintegrated. In their imported condition, the tablets are sealed in foil packets (300 tablets per packet), which are housed in plastic cases. The plastic cases are, in turn, put up in cardboard boxes (outer packing) for retail sale.

Sun Siberian Ginseng Tablets are composed of a blend of Siberian ginseng (scientific name: Eleutherococcus senticosus) root and licorice root. Its suggested use is as a tea. In their imported condition, the tablets are put up in the same manner as the above-described Sun Chlorella Tablets.

Sun Siberian Ginseng Extract is a concentrated liquid extract preparation used for making tea. It contains Siberian ginseng extract, honey, and plum extract. In its imported condition, it is put up in glass bottles for retail sale, with each package also containing a small (30 ml), plastic measuring cup.

Sun Siberian Ginseng Tea is an herbal tea, put up in sachets, made from the ground-up leaves of the Siberian ginseng plant. The sachets are packed 25 to a box, for retail sale.

Chlorella Wakasa Gold Extract Drink is a liquid preparation containing Chlorella extract, water, fructose, dl-malic acid, and lemon essence. In its imported condition, it is put up in glass bottles for retail sale, with each package also containing a small (50 ml), plastic measuring cup. The applicable subheading for the Sun Chlorella Tablets will be 2102.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other single-cell microorganisms, dead ... ; inactive yeasts; other single-cell microorganisms, dead: other. The rate of duty will be 5 percent ad valorem.

The applicable subheading for the Sun Siberian Ginseng Tablets and the Sun Siberian Ginseng Extract will be 2106.90.6973, HTS, which provides for food preparations not elsewhere specified or included: other: other: other: other: other: other: preparations for the manufacture of beverages: other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the Sun Siberian Ginseng Tea (in sachets) will be 1211.90.8080. HTS, which provides for plants and parts of plants ... used primarily in perfumery, in pharmacy ... or similar purposes, fresh or dried, whether or not cut, crushed or powdered: other: other: other: herbal teas and herbal infusions (single species, unmixed). The rate of duty will be free.

The applicable subheading for the Chlorella Wakasa Gold Extract Drink will be 2106.90.6999, HTS, which provides for food preparations not elsewhere specified or included: other: other: other: other: other: other: other: other: other: other. The rate of duty will be 10 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, MD 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 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

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