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NY G82797




October 17, 2000

CLA-2-21:RR:NC:2:228 G82797

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Gare LeCompte
American International Medical Company
P.O. Box 9723
Roanoke, VA 24020

RE: The tariff classification of an herbal powder from China

Dear Mr. LeCompte:

In your letter dated October 3, 2000 you requested a tariff classification ruling.

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Breath of Life Powder is a brown-colored powder said to be a mixture of three powdered herb extracts (Gynostem ma pentaphyllum (Thumb.), Ganomerma, and Radix glycyrrhizae) and three ground and powdered plant parts (Ginko, Bulbus Pritillariae Cirrhosae, and Radix ginseng rubra). The powder will be imported in 25-kilogram containers and sold to tablet manufacturers, who will mix the powder with excipients and press it into tablet form. The finished tablets will be exported to China.

The applicable subheading for the Breath of Life Powder will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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