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February 11, 1999

CLA-2-13:RR:NC:2:238 D87498

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.4040; 1211.90.8090; 1211.90.8080

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of Sangre de Grado and Peruvian Ginseng, imported in bulk form, and Cat’s Claw, imported in bulk form and put up in sachets, from Peru

Dear Mr. Ralston:

In your letter dated January 21, 1999, on behalf of your client, Rainforest Phytoceuticals LLC, you requested a tariff classification ruling. A “product information” sheet was submitted with your request.

The first product, Sangre de Grado, consists of the pure tree sap obtained from the plant botanically known as Croton lechieri. The stated use is as a topical applicant for cuts, abrasions and stings. You indicate that it will be imported in bulk form and then repacked for retail sale in the United States or Canada.

The second product, Peruvian Ginseng (also known, inter alia, as “Maka”), consists solely of the harvested roots obtained from the plant botanically known as Lepidium meyenii (family: Cruciferaceae). Although the product bears the word “Ginseng” in its name, we note that, according to the Dictionary of Economic Plants (2nd ed.), true ginseng belongs to the genus, Panax (e.g., Panax ginseng, Panax quinquefolium L.; family: Araliaceae). After drying, the roots are pulverized into a powder. You state that the product will be imported in bulk form and then repacked for retail sale in the United States or Canada for use as a dietary supplement.

The third product, Cat’s Claw (also known as “Una de Gato”), consists solely of the harvested bark obtained from the plant botanically known as Uncaria tomentosa. After drying, the bark is pulverized into a powder. You state that the product will be imported in bulk form and then repacked for retail sale in the United States or Canada for use as a dietary supplement. The fourth product consists solely of the harvested bark of Cat’s Claw (see above) which, after drying, crushing and sifting, is put up in individual sachets for the brewing of an herbal tea. Prior to shipment from Peru, the sachets are also put up in retail-sale-ready packages (25 bags/package). The product is stated for use as a dietary supplement.

The applicable subheading for the first product will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: “[V]egetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other.” The rate of duty will be 1.1 percent ad valorem. However, articles classifiable under subheading 1302.19.4040, HTS, which are products of Peru, are entitled to duty-free treatment under the Andean Trade Preference Act (ATPA), upon compliance with all applicable regulations.

The applicable subheading for the second and third products will be 1211.90.8090, HTS, which provides for: “[P]lants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for the fourth product will be 1211.90.8080, HTS, which provides for: “[P]lants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Herbal teas and herbal infusions (single species, unmixed).” 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 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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