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NY G83420




November 3, 2000

CLA-2-12:RR:NC:2:228 G83420

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.20.0040, 2106.90.9998

Mr. Xiao Kai Zhang
Kangni Ling Pharmaceutical Co., Ltd.
171-49 Ashby Ave.
Flushing, NY 11358

RE: The tariff classification of ginseng powder and a dietary supplement from China.

Dear Mr. Zhang:

In your letter dated October 18, 2000, you requested a tariff classification ruling.

Two samples were submitted with your request. The samples were examined and disposed of. Ginseng powder is a brown powder said to consist of 100 percent ground roots of wild ginseng put up in plastic bags containing 10 kilograms, 3 bags per drum. The Kang Ni Ling capsules contain 65.8 percent ginseng, 19.8 percent ganoderma, 4.8 percent codonopsis, 4.8 percent notoginseng and 4.8 percent acanthopanax. The capsules will be imported in plastic drums and repacked into bottles in the United States. The products are used as dietary supplements.

The applicable subheading for the ginseng powder will be 1211.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for plants 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 powderedginseng rootswild. The rate of duty will be free.

The applicable subheading for the Kang Ni Ling capsules will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

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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