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NY B86171





June 19, 1997

CLA-2-13:RR:NC:2:238 B86171

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.4040

Ms. Kirstin Henecker
Kingchem Inc.
296 Kinderkamack Road
Oradell, NJ 07649

RE: The tariff classification of Ephedra Extract Powder from China

Dear Ms. Henecker:

In your letter dated May 28, 1997, you requested a tariff classification ruling.

The subject product consists of a powdered extract, standardized for total alkaloid content, which is prepared from the dried stems and leaves of the Ephedra (Ma-huang) plant. Among other things, the extract is a source of the alkaloid, ephedrine, which is used medicinally as a bronchodilator.

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.

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.

This merchandise may also be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000.

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 Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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