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NY C83217




January 12, 1998

CLA-2-13:RR:NC:2:238 C83217

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

Mr. Warren Lancaster
Novogen Inc.
6 Landmark Square, 4th Floor
Stamford, CT 06901

RE: The tariff classification of Pratensil from Australia

Dear Mr. Lancaster:

In your letter dated December 22, 1997, you requested a tariff classification ruling.

According to your letter, the subject product, Pratensil , is a dried, aqueous alcoholic extract of Trifolium pratense (red clover). You state that the product is intended for use by Novogen in the production of dietary supplements, and sale to third-party manufacturers of dietary supplements. According to The Dispensatory of the United States of America, 25th Edition, "There is ... no evidence to support the belief that it (i.e., clover) has any medicinal utility."

The applicable subheading for the subject product will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable saps and extracts: Other: Other: Other." The rate of duty will be free.

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,

Robert B. Swierupski

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