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NY B89231





September 9, 1997

CLA-2-13:RR:NC:2:238 B89231

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.4040

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd., Suite 728
Long Beach, CA 90802

RE: The tariff classification of St. John's Wort Powdered Extract 0.3%, imported in bulk form, from Germany

Dear Ms. Denny:

In your letter dated August 5, 1997, resubmitted on August 28, 1997, on behalf of your client, Zuellig Botanicals, International, Inc., you requested a tariff classification ruling.

The subject product consists of a powdered extract of St. John's Wort (Hypericum perforatum), imported in bulk form, with a specified total hypericin content of not less than 0.3%. Maltodextrin is added to convert the extract into a powder upon spray-drying. In addition, colloidal anhydrous silica is added to prevent the powdered extract from caking. According to the submitted literature, St. John's Wort possesses therapeutic properties.

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 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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