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NY B80416





December 19, 1996

CLA-2-13:RR:NC:2:238 B80416

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.4040

Mr. Edward L. Glueck
Amazon Source, Inc.
P.O. Box 118
Middleville, NJ 07855

RE: The tariff classification of Sangre de Drago (Croton lecheri) from Ecuador or Peru

Dear Mr. Glueck:

In your letter dated November 25, 1996, you requested a tariff classification ruling.

The submitted sample consists of a reddish-brown liquid which, you state, is the sap obtained from the cortex of the tree, Croton lecheri, by tapping (similar to collecting maple syrup). It is commonly known as Sangre de Drago, Dragon's Blood, Sangre de Grado, and SDD. You also state in your letter that the subject product has the following properties/actions: immune enhancer, energy builder, hemostatic, anti-hemorrhagic, and antiseptic. The product will be imported in bulk, in its raw form, in single and multiple-gallon (five or ten gallons) containers, or in fifty-five gallon drums.

The applicable subheading for the subject product 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 1.3 percent ad valorem, which will remain unchanged for 1997.

Articles classifiable under subheading 1302.19.4040, HTS, which are products of Ecuador or Peru, are entitled to duty-free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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