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NY F89933




August 8, 2000

CLA-2-12:RR:NC:2:238 F89933

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8080; 1211.90.8090

Mr. Stephan Dufresne
Herbal Greenhouses Inc.
Box 378
Rockyford, Alberta (Canada)
TOJ 2RO

RE: The tariff classification of fresh Feverfew (Chrysanthemum parthenium, aka Tanacetum parthenium) leaves and flower heads from Canada

Dear Mr. Dufresne:

In your letter dated July 5, 2000, you requested a tariff classification ruling.

The subject products consist of fresh Feverfew leaves and flower heads. Pictures submitted with your letter show the leaves and flower heads put up in (what appears to be) plastic packages, presumably, for retail sale. Your letter indicates that, upon importation, the leaves and flower heads will be put up in packages containing only leaves (28 leaves/package), only flower heads (150 flower heads/package), or a combination (referred to as a “half and half package”) of leaves and flower heads (14 leaves and 75 flower heads/package). You further indicate that the leaves will be used for salads and sandwiches, while the flower heads are intended for use in the brewing of a sweet-and-sour-tasting tea. It is our determination that, at the present time, Feverfew is primarily used in the United States in the manufacture of herbal or dietary supplements, rather than as a medicine, or as an ingredient in a medicine, to treat, cure, or prevent a specific disease or ailment.

The applicable subheading for the packages imported containing only leaves will be 1211.90.8090, Harmonized Tariff Schedule of the United States (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 general rate of duty will be free.

The applicable subheading for the packages containing only flower heads 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 general rate of duty will be free.

Pursuant to Rules 3 and 6, General Rules of Interpretation, HTS, the applicable subheading for the packages containing both leaves and flower heads 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 general 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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