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NY A87258



September 13, 1996

CLA-2-21:RR:NC:FC:228 A87258

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9987

Ms. Tara Alcamo
Columbia Shipping Inc.
138-01 Springfield Boulevard
Jamaica, New York 11413-2691

RE: The tariff classification of "Dieter's Tea" from China.

Dear Ms. Alcamo:

In your letters dated July 12, 1996, and September 3, 1996, on behalf of Continental Industries, Brooklyn, NY, you requested a tariff classification ruling.

A sample accompanied your July letter and an ingredients breakdown was submitted with your September letter. "Dieter's Tea" is composed of 30 percent tea with the balance consisting of a variety of natural herbs. The product is put up in tea bags containing 0.3 grams each, net weight, sealed in a plastic bag, 12 tea bags to a cardboard box.

The applicable subheading for the Dieter's 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...herbal teas and herbal infusions comprising mixed herbs. The rate of duty will be 8.8 percent ad valorem.

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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